Developer sues Tengku Adnan for breach of contract
(The Star) – A property developer is suing Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor and two others over alleged breach of a joint-venture agreement.
The developer – Damai Kiaramas Sdn Bhd – is applying for a declaration that a joint-venture agreement between it and a foundation was constituted and continuing from Sept 17 last year.
The plaintiff wants an order from the High Court that any agreement related to a land entered by the Federal Territory Foundation with a company Memang Perkasa Sdn Bhd in relation to a development project was invalid.
It is contending that the foundation has no rights to terminate the agreement unilaterally and without any valid reasons.
Among others, the plaintiff wants damages for loss of profit for a development project, which it claimed was formulated from its efforts, from the foundation.
It is also seeking general damages and compensation from Tengku Adnan and Memang Perkasa for allegedly inducing the foundation to breach the joint-venture agreement.
High Court Judicial Commissioner Kamaludin Md Said granted ex-parte injunction upon hearing an application by developer’s lawyers in chambers on Thursday.
Speaking to reporters here, the developer’s lawyer Rosli Dahlan (pic above) said that the court had granted ex-parte injunction to restrain the minister and two others from breaching the agreement they had with his client in a land deal.
He said that the court has set July 8 to hear inter-parte injunction application.
Lawyer S.M. Shanmugam and Ainaa Shahirah Mohd Nori also appeared for the developers.
In the suit filed on June 13, the developer is also applying for exemplary damages from the foundation, its chairman Tengku Adnan and Memang Perkasa, who are named as defendants in the civil dispute.
In the statement of claim, the plaintiff said that in late 70s, following the closure of an estate at Bukit Kiara plantation, its estate workers had been transferred to a “longhouse” settlement at Taman Tun Dr Ismail here.
The plaintiff said that its promoters had in 2008 suggested for a re-development of the land to relocate the residents in an apartment as a final solution for their housing problems.
The plaintiff said that in early 2009, Damai Kiaramas was set up to implement a development project in accordance with the aspirations of the workers who had faced housing difficulties for 32 years.
