1. ) TAN YOKE KEONG 2. ) TAN YOKE KWEE 3. ) TAN KIM LIAN PHILIP LIAU SOO FOCK

1. ) TAN YOKE KEONG 2. ) TAN YOKE KWEE 3. ) TAN KIM LIAN PHILIP LIAU SOO FOCK

The Court allowed the appeals and set aside the High Court decision: the 2014 Court of Appeal order did not confer a proprietary 1/2 share on the Plaintiff; the State (5th Defendant) retained power to revoke the renewal approval because alienation is effective only on registration under s78(3) NLC; the 1st–3rd Defendants' sale to the 4th Defendant is valid; and the Plaintiff lacked locus standi to commence the Originating Summons as beneficiary without Letters of Administration and without special circumstances to justify proceeding.

Citation
B-01(NCvC)(A)-19-01/2021 (Mahkamah Rayuan)
Parties
Plaintiff / Respondent: Philip Liau Sook Fock; 1st Defendant / Appellant: Tan Yoke Keong; 2nd Defendant / Appellant: Tan Yoke Kwee; 3rd Defendant / Appellant: Tan Kim Lian; 4th Defendant / Appellant: Ho Yoke Keng; 5th Defendant: Pentadbir Tanah Daerah Hulu Langat; 6th Defendant: Pendaftar Hak Milik Negeri Selangor
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
8 November 2021
Case Number
B-01(NCvC)(A)-19-01/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment on Appeal From High Court Decision Dated 18.12.2020
Outcome
Appeals allowed; High Court decision dated 18.12.2020 set aside.
Legal Topics
Lease Renewal, State Land Alienation, Revocation of Administrative Approval, Locus Standi of Beneficiaries, Res Judicata, Bona Fide Purchaser
Source Language
Malay/English
Land Law Probate and Administration Administrative Law Civil Procedure Lease Renewal State Land Alienation Revocation of Administrative Approval Locus Standi of Beneficiaries +2 more

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Parties

Philip Liau Sook Fock

Plaintiff / Respondent

Tan Yoke Keong

1st Defendant / Appellant

Tan Yoke Kwee

2nd Defendant / Appellant

Tan Kim Lian

3rd Defendant / Appellant

Ho Yoke Keng

4th Defendant / Appellant

Pentadbir Tanah Daerah Hulu Langat

5th Defendant

Pendaftar Hak Milik Negeri Selangor

6th Defendant

Procedural Posture

Civil Appeal (court of Appeal) / Judgment on Appeal From High Court Decision Dated 18.12.2020

Legal Issues

  1. 1 Whether the Court of Appeal decision dated 23.4.2014 recognised that the Plaintiff was entitled to 1/2 undivided share
  2. 2 Whether the 5th Defendant was empowered to revoke the approval for renewal of the lease granted on 5.1.2016
  3. 3 Whether the 5th Defendant had power to approve renewal of lease of the whole land

Ratio Decidendi

The Court allowed the appeals and set aside the High Court decision: the 2014 Court of Appeal order did not confer a proprietary 1/2 share on the Plaintiff; the State (5th Defendant) retained power to revoke the renewal approval because alienation is effective only on registration under s78(3) NLC; the 1st–3rd Defendants' sale to the 4th Defendant is valid; and the Plaintiff lacked locus standi to commence the Originating Summons as beneficiary without Letters of Administration and without special circumstances to justify proceeding.

Court Disposition

Appeals allowed; High Court decision dated 18.12.2020 set aside.

Orders

  • Appeals allowed and High Court decision dated 18.12.2020 set aside.
  • Costs of RM 10,000 to be paid by the Plaintiff/Respondent for each appeal subject to allocator fee.