NUR MAZLIN BINTI ABDULLAH MAJLIS BANDARAYA SHAH ALAM

NUR MAZLIN BINTI ABDULLAH MAJLIS BANDARAYA SHAH ALAM

The High Court upheld the trial judge's factual finding that the vehicles were derelict and that towing and detention under section 46(3)(a) of Act 133 were lawful without prior service under section 120; consequently conversion and declaratory challenges to compounds failed; however the Sessions Court's award on the defendant's counterclaim was set aside for lack of clear certified evidence to support the RM8,000 sum.

Citation
BA-12BNCVC-3-01/2021 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ramli bin Wan; Appellant/plaintiff: Nur Mazlina binti Abdullah; Respondent/defendant: Majlis Bandaraya Shah Alam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 October 2021
Case Number
BA-12BNCVC-3-01/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal From Sessions Court After Full Trial
Outcome
Appeal by Mazlina partially allowed (counterclaim aspect allowed in her favour); appeal by Ramli dismissed
Legal Topics
Derelict Vehicles, Towing and Detention, Service of Statutory Notices, Compound Notices, Conversion, Appellate Interference
Source Language
Malay/English
Local Government Law Administrative Law Tort Law Civil Procedure Derelict Vehicles Towing and Detention Service of Statutory Notices Compound Notices +2 more

Case Brief

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Parties

Ramli bin Wan

Appellant/plaintiff

Nur Mazlina binti Abdullah

Appellant/plaintiff

Majlis Bandaraya Shah Alam

Respondent/defendant

Procedural Posture

Civil Appeal / High Court Appeal From Sessions Court After Full Trial

Legal Issues

  1. 1 Whether the vehicles were 'derelict' within section 46(1)(e) read with section 46(3)(a) of the Street, Drainage and Building Act 1974 (Act 133)
  2. 2 Whether towing and detention of Mazlina's car complied with law
  3. 3 Whether issuance/service of warning and compound notices complied with section 120 of Act 133

Ratio Decidendi

The High Court upheld the trial judge's factual finding that the vehicles were derelict and that towing and detention under section 46(3)(a) of Act 133 were lawful without prior service under section 120; consequently conversion and declaratory challenges to compounds failed; however the Sessions Court's award on the defendant's counterclaim was set aside for lack of clear certified evidence to support the RM8,000 sum.

Court Disposition

Appeal by Mazlina partially allowed (counterclaim aspect allowed in her favour); appeal by Ramli dismissed

Orders

  • Mazlina appeal BA-12BNCVC-3-01/2021 partially allowed insofar as the Sessions Court's counterclaim decision is set aside; no order as to costs for this appeal
  • Ramli appeal BA-12BNCVC-4-01/2021 dismissed