1. ) Pang Siew Fian 2. ) Seow Mee Cheong @ Seow Hon Cheong 1. ) Datuk Seri Poh Geok Seng 2. ) Yeo Kay Seet @ Yeo Siew Chong 3. ) Soh Teck Chiow 4. ) Datuk Seri Chan Lian Leong 5. ) Jabatan Peguam Negara

1. ) Pang Siew Fian 2. ) Seow Mee Cheong @ Seow Hon Cheong 1. ) Datuk Seri Poh Geok Seng 2. ) Yeo Kay Seet @ Yeo Siew Chong 3. ) Soh Teck Chiow 4. ) Datuk Seri Chan Lian Leong 5. ) Jabatan Peguam Negara

The Board of Governors of SJK(C) Pay Fong 1 is not a legal entity with legal capacity to sue or be sued under sections 2 and 53 of the Education Act 1996 because the statute does not expressly or by necessary implication confer corporate personality; being a creature of statute its powers are limited to those granted by the Act and the negative finding on capacity disposes of the action instituted in the name of the Board.

Citation
M-01(NCvC)(W)-570-10/2021 (Mahkamah Rayuan)
Parties
Appellants/plaintiffs (on Behalf of Board of Governors, Sjk(c) Pay Fong 1 Melaka): Datuk Seri Poh Geok Seng; Yeo Kay Seet @ Yeo Siew Chong; Soh Teck Chiow; Datuk Seri Chan Lian Leong; Respondent/defendant: Pang Siew Fian; Respondent/defendant: Seow Mee Cheong @ Seow Hong Cheong; Appellant/5th Defendant: Peguam Negara Malaysia
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
7 April 2023
Case Number
M-01(NCvC)(W)-570-10/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals to the Court of Appeal Arising From High Court Actions Concerning Trust Property and Statutory Capacity / Judgment on Consolidated Preliminary Issues Determined Under Order 33 R.2 and R.5 Rules of Court 2012
Outcome
Appeal 547 dismissed; Appeal 553 dismissed; Appeal 570 struck out; no order as to costs.
Legal Topics
Legal Personality of Statutory Bodies, Capacity to Sue and Be Sued, Representative Capacity to Sue, Preliminary Trial and Dismissal Under Order 33 R.5, Consent Under Government Proceedings Act S.9(1)
Source Language
Malay/English
Education Law Trust Law Civil Procedure Administrative Law Legal Personality of Statutory Bodies Capacity to Sue and Be Sued Representative Capacity to Sue Preliminary Trial and Dismissal Under Order 33 R.5 +1 more

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Parties

Datuk Seri Poh Geok Seng; Yeo Kay Seet @ Yeo Siew Chong; Soh Teck Chiow; Datuk Seri Chan Lian Leong

Appellants/plaintiffs (on Behalf of Board of Governors, Sjk(c) Pay Fong 1 Melaka)

Pang Siew Fian

Respondent/defendant

Seow Mee Cheong @ Seow Hong Cheong

Respondent/defendant

Peguam Negara Malaysia

Appellant/5th Defendant

Procedural Posture

Civil Appeals to the Court of Appeal Arising From High Court Actions Concerning Trust Property and Statutory Capacity / Judgment on Consolidated Preliminary Issues Determined Under Order 33 R.2 and R.5 Rules of Court 2012

Legal Issues

  1. 1 Whether the Board of Governors of SJK(C) Pay Fong 1 is a legal entity with capacity to sue or be sued under sections 2 and 53 of the Education Act 1996
  2. 2 Whether the Attorney General's consent under s.9(1) of the Government Proceedings Act 1956 can confer legal capacity on the Board if none exists under statute
  3. 3 Whether the preliminary issues determined pursuant to O.33 r.2 and r.5 dispose of the cause such that the action should be dismissed

Ratio Decidendi

The Board of Governors of SJK(C) Pay Fong 1 is not a legal entity with legal capacity to sue or be sued under sections 2 and 53 of the Education Act 1996 because the statute does not expressly or by necessary implication confer corporate personality; being a creature of statute its powers are limited to those granted by the Act and the negative finding on capacity disposes of the action instituted in the name of the Board.

Court Disposition

Appeal 547 dismissed; Appeal 553 dismissed; Appeal 570 struck out; no order as to costs.

Orders

  • Appeal 547 dismissed
  • Appeal 553 dismissed