1. CHEONG WAI KWAN 2. CHEONG WAI MEI 1. PENTADBIR TANAH PETALING 2. MAGNA SHAH ALAM SDN BHD

1. CHEONG WAI KWAN 2. CHEONG WAI MEI 1. PENTADBIR TANAH PETALING 2. MAGNA SHAH ALAM SDN BHD

The court held that the prerequisites for issuing a section 33(1) certificate were satisfied but, exercising the discretion under the proviso to s33(3), ordered suspension of payment of the certificate pending disposal of the appeal because applicants adduced credible reasons (risk of prejudice to public funds, potential difficulty of recovery if appeal succeeds, public interest and imminent hearing), balanced against preservation of plaintiffs' interest by an award of interest on the judgment sum.

Citation
BA-22NCVC-669-12/2016 (Mahkamah Tinggi)
Parties
Plaintiff (executor and Trustee): Cheong Wai Kwan; Plaintiff (executor and Trustee): Cheong Wai Mei; 1st Defendant: Pentadbir Tanah Petaling; 2nd Defendant: Magna Shah Alam Sdn Bhd; 3rd Party: Pentadbir Hakmilik Tanah Negeri Selangor; 3rd Parties: Pegawai-pegawai di Pendaftar Hakmilik Tanah Negeri Selangor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 October 2020
Case Number
BA-22NCVC-669-12/2016 (Mahkamah Tinggi)
Procedural Posture
Civil (trespass; Declaration; Indemnity; Government Proceedings) / Post Judgment Applications: Application for Section 33(1) Certificate and Application for Stay/suspension Pending Appeal
Outcome
Allowed in part: section 33(1) certificate ordered to issue but payment of the amount in the certificate suspended under proviso to s33(3) pending appeal; no order as to costs
Legal Topics
Section 33 Government Proceedings Act 1956, Stay of Execution, Suspension Pending Appeal, Land Acquisition Validity, Overlapping Land Titles, Indemnity by Government Officers
Source Language
Malay/English
Administrative Law Civil Procedure Land Law Public Finance Law Equity and Trusts Section 33 Government Proceedings Act 1956 Stay of Execution Suspension Pending Appeal +3 more

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Parties

Cheong Wai Kwan

Plaintiff (executor and Trustee)

Cheong Wai Mei

Plaintiff (executor and Trustee)

Pentadbir Tanah Petaling

1st Defendant

Magna Shah Alam Sdn Bhd

2nd Defendant

Pentadbir Hakmilik Tanah Negeri Selangor

3rd Party

Pegawai-pegawai di Pendaftar Hakmilik Tanah Negeri Selangor

3rd Parties

Procedural Posture

Civil (trespass; Declaration; Indemnity; Government Proceedings) / Post Judgment Applications: Application for Section 33(1) Certificate and Application for Stay/suspension Pending Appeal

Legal Issues

  1. 1 Whether statutory prerequisites for issuance of a section 33(1) certificate were satisfied
  2. 2 Whether payment under the section 33 certificate should be suspended under proviso to s33(3) pending appeal
  3. 3 Whether suspension amounts to a stay and what criteria apply

Ratio Decidendi

The court held that the prerequisites for issuing a section 33(1) certificate were satisfied but, exercising the discretion under the proviso to s33(3), ordered suspension of payment of the certificate pending disposal of the appeal because applicants adduced credible reasons (risk of prejudice to public funds, potential difficulty of recovery if appeal succeeds, public interest and imminent hearing), balanced against preservation of plaintiffs' interest by an award of interest on the judgment sum.

Court Disposition

Allowed in part: section 33(1) certificate ordered to issue but payment of the amount in the certificate suspended under proviso to s33(3) pending appeal; no order as to costs

Orders

  • Section 33(1) certificate to be issued in favour of the Plaintiffs
  • Insert direction in the certificate to suspend payment of the whole amount under the proviso to s33(3) pending disposal of the appeal