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Land development dispute resolved in civil appeal

The Court of Appeal recently upheld the Intermediate Court’s decision in dismissing an individual’s claim for damages.

The judge in the civil action ruled in favour of Stratacom Global Sdn Bhd, and Hajah Fatimah binti Pakar was ordered to pay BND54,869 for work done, along with costs.

The dispute originated from a development agreement between Hajah Fatimah and the company, dating back to July 2011.

The appellate court, presided by Chief Justice Dato Seri Paduka Steven Chong, found the judge’s decision to have rested on the finding that the company was not in breach of the agreement for failing to provide a draft application to the Land Department for access road approval until April 9, 2014.

The court found that the company was unaware of the approval granted by the government agency until July 25, 2017, thus did not breach the requirement to file building, site division and design plans.

Despite the company’s refusal to accede to Hajah Fatimah’s repeated requests to terminate the agreement, the court ruled that the agreement continued to bind both parties, giving weight to the company’s lack of awareness on the access road approval and the subsequent actions.

The judge had reasoned that in a broader context, the company’s inaction after July 25, 2017 did not constitute a repudiatory breach of the agreement. – Fadley Faisal