JOSEPH BIN PAULUS LANTIP & ANOR TNIO CHEE CHANG

JOSEPH BIN PAULUS LANTIP & ANOR TNIO CHEE CHANG

Appeals allowed and High Court judgment set aside because the tort of conversion was not pleaded or made out: the plaintiff had contractual/licence rights only and timber had not been lawfully extracted so there were no identifiable goods to be converted; the trial judge misapplied pleading principles and made findings beyond pleaded causes of action; damages awarded were unsupported by evidence and joint and several liability was not pleaded.

Citation
S-02(NCVC)(W)-71-01/2018 DENGAR BERSAMA S-02(NCVC)(W)79-01/2018 (Mahkamah Rayuan)
Parties
Appellant: Joseph Paulus Lantip; Appellant: Banjaran Astaka Sdn Bhd; Respondent: Tnio Chee Chang
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
22 March 2019
Case Number
S-02(NCVC)(W)-71-01/2018 DENGAR BERSAMA S-02(NCVC)(W)79-01/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Both appeals allowed; High Court judgment set aside
Legal Topics
Specific Performance, Conversion, Misrepresentation, Power of Attorney, Pleading Requirements, Timber Extraction Licence, Damages, Joint and Several Liability
Source Language
Malay/English
Contract Tort Property/land Law Civil Procedure Administrative/forestry Regulation Specific Performance Conversion Misrepresentation +5 more

Case Brief

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Parties

Joseph Paulus Lantip

Appellant

Banjaran Astaka Sdn Bhd

Appellant

Tnio Chee Chang

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 What was the effective period of the second power of attorney
  2. 2 Whether the plaintiff validly pleaded and proved the tort of conversion
  3. 3 Whether there were goods capable of being converted (timber not yet lawfully extracted)

Ratio Decidendi

Appeals allowed and High Court judgment set aside because the tort of conversion was not pleaded or made out: the plaintiff had contractual/licence rights only and timber had not been lawfully extracted so there were no identifiable goods to be converted; the trial judge misapplied pleading principles and made findings beyond pleaded causes of action; damages awarded were unsupported by evidence and joint and several liability was not pleaded.

Court Disposition

Both appeals allowed; High Court judgment set aside

Orders

  • Both appeals allowed
  • High Court judgment dated as appealed from is set aside