TANG LING SDN. BHD. CRSC PROPERTY SDN. BHD.

TANG LING SDN. BHD. CRSC PROPERTY SDN. BHD.

The High Court upheld the Sessions Court's factual finding that TNB entered and occupied the land with the consent of the previous registered proprietor and that its occupation was referable to a lease; that factual finding was not plainly wrong or marred by legal misdirection; indefeasibility did not displace an originally lawful entry; and no contractual, statutory, tortious or equitable foundation existed for indemnity or contribution, so trespass and third/fourth-party claims failed.

Citation
WA-12BNCvC-56-06/2025 (Mahkamah Tinggi)
Parties
Appellant / Third Party (previous Registered Proprietor): Tang Ling Sdn Bhd; Respondent / Fourth Party (developer/beneficial Party): CRSC Property Sdn Bhd; Respondent / Occupier (substation Owner): Tenaga Nasional Berhad; Plaintiffs / Appellants (registered Proprietors): Yep Lee Na & Chan Chew Kian
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 March 2026
Case Number
WA-12BNCvC-56-06/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Appellate Judgment (grounds of Judgment)
Outcome
All appeals dismissed; Sessions Court decision affirmed in its entirety.
Legal Topics
Trespass, Indefeasibility of Title, Indemnity, Contribution, Third Party Proceedings, Fourth Party Proceedings, Registration of Leases, Order 16 Rules of Court
Source Language
Malay/English
Property Law Tort Equity Contract Civil Procedure Trespass Indefeasibility of Title Indemnity +5 more

Case Brief

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Parties

Tang Ling Sdn Bhd

Appellant / Third Party (previous Registered Proprietor)

CRSC Property Sdn Bhd

Respondent / Fourth Party (developer/beneficial Party)

Tenaga Nasional Berhad

Respondent / Occupier (substation Owner)

Yep Lee Na & Chan Chew Kian

Plaintiffs / Appellants (registered Proprietors)

Procedural Posture

Civil Appeal From Sessions Court / High Court Appellate Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether TNB's occupation of the substation amounts to trespass despite the Plaintiffs' status as registered proprietors and absence of a registered interest in TNB's favour
  2. 2 Whether TNB has a substantive right in contract, statute, tort or equity to claim indemnity and/or contribution from Tang Ling Sdn Bhd
  3. 3 Whether Tang Ling Sdn Bhd has any independent basis to claim indemnity and/or contribution from CRSC Property Sdn Bhd

Ratio Decidendi

The High Court upheld the Sessions Court's factual finding that TNB entered and occupied the land with the consent of the previous registered proprietor and that its occupation was referable to a lease; that factual finding was not plainly wrong or marred by legal misdirection; indefeasibility did not displace an originally lawful entry; and no contractual, statutory, tortious or equitable foundation existed for indemnity or contribution, so trespass and third/fourth-party claims failed.

Court Disposition

All appeals dismissed; Sessions Court decision affirmed in its entirety.

Orders

  • Rayuan 53 is dismissed
  • Rayuan 57 is dismissed