MEGA FOREST PLANTATION MANAGEMENT SDN BHD 1. PENGARAH PERHUTANAN NEGERI SELANGOR 2. PEGAWAI HUTAN DAERAH, PEJABAT HUTAN DAERAH HULU SELANGOR 3. KERAJAAN NEGERI SELANGOR

MEGA FOREST PLANTATION MANAGEMENT SDN BHD 1. PENGARAH PERHUTANAN NEGERI SELANGOR 2. PEGAWAI HUTAN DAERAH, PEJABAT HUTAN DAERAH HULU SELANGOR 3. KERAJAAN NEGERI SELANGOR

Appellant, as majority shareholder of MNSB, lacked locus standi to pursue judicial review of eviction and compensation because the legal interest and remedies in respect of the planted trees and related assets belonged to MNSB (now in liquidation); prior litigation and the winding-up judgment (declaring incorporation and JVA illegal) and the liquidator's conduct meant the appellant's monetary claim was subsumed in earlier proceedings or must be pursued by the liquidator or by statutory remedial routes; therefore no relief by judicial review was available and appeal dismissed.

Citation
B-01(A)-682-12/2018 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Mega Forest Plantation Management Sdn Bhd; 1st Respondent / Defendant: Pengarah Perhutanan Negeri Selangor; 2nd Respondent / Defendant: Pegawai Hutan Daerah, Pejabat Hutan Daerah Hulu Selangor; 3rd Respondent / Defendant: Kerajaan Negeri Selangor
Court
A
Jurisdiction
Malaysia
Judgment Date
23 June 2020
Case Number
B-01(A)-682-12/2018 (Mahkamah Rayuan)
Procedural Posture
Judicial Review Appealed as Civil Appeal / Appeal to Court of Appeal After High Court Dismissed Judicial Review; Court of Appeal Dismissed Appeal (23 June 2020)
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Locus Standi, Illegality of Company Incorporation and Contracts, Res Judicata, Compensation for State Takings, Separate Legal Personality, Liquidator Powers, Forest Produce Ownership
Source Language
Malay/English
Administrative Law Company Law Constitutional Law Property Law Contract Law Forestry Law Insolvency Law Judicial Review +7 more

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Parties

Mega Forest Plantation Management Sdn Bhd

Appellant / Plaintiff

Pengarah Perhutanan Negeri Selangor

1st Respondent / Defendant

Pegawai Hutan Daerah, Pejabat Hutan Daerah Hulu Selangor

2nd Respondent / Defendant

Kerajaan Negeri Selangor

3rd Respondent / Defendant

Procedural Posture

Judicial Review Appealed as Civil Appeal / Appeal to Court of Appeal After High Court Dismissed Judicial Review; Court of Appeal Dismissed Appeal (23 June 2020)

Legal Issues

  1. 1 Whether majority shareholder of a company in liquidation has locus standi to seek judicial review of state eviction affecting company assets
  2. 2 Whether appellant has proprietary or beneficial interest in trees planted by its subsidiary
  3. 3 Whether incorporation of subsidiary and joint venture agreement being illegal prevents appellant from claiming compensation

Ratio Decidendi

Appellant, as majority shareholder of MNSB, lacked locus standi to pursue judicial review of eviction and compensation because the legal interest and remedies in respect of the planted trees and related assets belonged to MNSB (now in liquidation); prior litigation and the winding-up judgment (declaring incorporation and JVA illegal) and the liquidator's conduct meant the appellant's monetary claim was subsumed in earlier proceedings or must be pursued by the liquidator or by statutory remedial routes; therefore no relief by judicial review was available and appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs