LE APPLE BOUTIQUE HOTEL (KLCC) SDN. BHD. v PGCG ASSETS HOLDINGS SDN. BHD.

wa-22ncvc-832-12-2020 High Court (Mahkamah Tinggi) 9 January 2025 • WA-22NCvC-832-12/2020 • 10 min read

1 cases cited (0 SG, 1 foreign)

Catchwords

Introduction 1.The dispute between the Plaintiff and the Defendant arose in the aftermath of a tenancy whereby the Plaintiff had tenanted a building owned by the Defendant at No 160, Jalan Ampang, 50450 Kuala Lumpur (“the property”). The property which was an office building was converted into a fully fitted hotel by the Plaintiff. 2.The thrust of the Plaintiff’s claim is to be compensated for all the cost incurred in converting the property into a fully fitted hotel. By not being compensated the Defendant who had continued with the hotel business after the expiry of the Plaintiff’s tenancy, would be unjustly enriched. 3.The dispute proceeded to a full trial whereby both sides called 2 witnesses each and relied on the agreed statement of facts, issues to be tried and Bundle of Documents as part of the proceedings. Conclusion 33.Based on the factors above the Plaintiff’s claim against the Defendant is dismissed with a cost of RM150,000 to be paid by the Plaintiff to the Defendant.

Judges (1)

Akhtar bin Tahir Delivered

Counsel (7)

Andy & Co. Firm Kuruvilla, Yeoh & Benjamin Firm Edward Kuruvilla Counsel Plaintiff Fiona Culas Counsel Defendant Gowri Subbaiyah Counsel Defendant Muniandy Vestanathan Counsel Defendant Nereen Kaur Veriah Counsel Plaintiff

Parties (2)

LE APPLE BOUTIQUE HOTEL Sdn Bhd Plaintiff PGCG ASSETS HOLDINGS Sdn Bhd Defendant

Statutes Cited

Contracts Act 1950 (Cap 136)

Evidence Act 1950 (Cap 56)

Cases Cited (1)

MY (1)

[2015] 2 CLJ 453

Judgment

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Source: eJudgment (wa-22ncvc-832-12-2020)