JUDGMENT
Evrol Mariette Peters JC:
The Claim
[1] The plaintiff's claim against the defendant is, inter alia, for the following:
a) A declaration that the Letter of Acceptance for the 'Purchase of Makkah Building, Mutah, Karak Governorate, Jordan', dated 18 May 2016 ("the Letter of Acceptance") is a valid and binding contract on both the plaintiff and defendant;
b) A declaration that the termination of contract by the defendant was wrongful;
c) Special damages in the amount of USD790,000 expended on the necessary ground work to faciliate the purchase of the Property; and MYR52,000 for the cost and expenses in conducting the series of discussions with the defendant and the preparation of the necessary documentation; and
d) General damages, exemplary damages, and aggravated damages
[2] The defendant had originally counterclaimed but subsequently withdrew it.
The Brief Facts
[3] The plaintiff is a company purportedly incorporated in Jordan whilst the defendant is the Majlis Agama Islam Negeri Johor or MAIJ. Through a letter dated 22 February 2016, the defendant invited the plaintiff to conduct a presentation to propose suitable buildings in Jordan for the defendant to purchase, to serve as a hostel for the students from Johor who are studying in Jordan. After proposing three buildings, the defendant's representatives visited Jordan on 9 April 2016 to survey the buildings, and to meet with the representatives of the Malaysian Embassy in Jordan to discuss the proposed acquisition.
[4] The defendant then issued the Letter of Acceptance (exhibited at p 3 of Part B of the Common Bundle of Documents ("CBD")), the interpretation of which is pivotal to this dispute. In the Letter of Acceptance, the defendant expressed an interest to purchase the Makkah Building.
[5] However, after an exchange of several letters and a meeting between the parties, the defendant vide letter dated 28 February 2017 (exhibited at p 201 of Part B of the CBD), indicated that it will not be proceeding further with the purchase.