Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman

Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman

The Court held the Court of Appeal had determined the 1st Defendant acted ultra vires and breached its statutory duty under ss204A-204H NLC by issuing title contrary to those provisions; an ultra vires act is not protected by PAPA 1948 so PAPA limitation is inapplicable; the discovery of the negligence occurred upon availability of the Court of Appeal grounds (12 Oct 2015) and the subsequent Federal Court refusal, hence the Plaintiff's claim filed March 2019 was within limitation; Order 14A was appropriate and the Plaintiff's application was allowed with costs RM2,000.

Citation
KA-21NCVC-2-03/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Serba Kemas Sdn Bhd; 1st Defendant: Pentadbir Tanah Kulim; 2nd Defendant: Kerajaan Negeri Kedah Darul Aman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 December 2020
Case Number
KA-21NCVC-2-03/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Interlocutory Application Determined Under Order 14 a of the Rules of Court 2012 (summary Determination)
Outcome
Plaintiff's application under Order 14A allowed
Legal Topics
Surrender and Re Alienation Under National Land Code, Breach of Statutory Duty, Estoppel, Limitation (time Bar), Order 14 a Summary Determination, Public Authorities Protection Act 1948
Source Language
Malay/English
Property Law Administrative Law Tort (negligence) Civil Procedure Public Law Surrender and Re Alienation Under National Land Code Breach of Statutory Duty Estoppel +3 more

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Parties

Serba Kemas Sdn Bhd

Plaintiff

Pentadbir Tanah Kulim

1st Defendant

Kerajaan Negeri Kedah Darul Aman

2nd Defendant

Procedural Posture

Civil Suit / Interlocutory Application Determined Under Order 14 a of the Rules of Court 2012 (summary Determination)

Legal Issues

  1. 1 Whether the Court of Appeal judgment finding the 1st Defendant acted ultra vires under s204A-204H NLC estops the 1st Defendant from denying negligence to the Plaintiff
  2. 2 Whether the Plaintiff's claim is time-barred under limitation statutes including the Public Authorities Protection Act 1948 and Limitation Act 1953

Ratio Decidendi

The Court held the Court of Appeal had determined the 1st Defendant acted ultra vires and breached its statutory duty under ss204A-204H NLC by issuing title contrary to those provisions; an ultra vires act is not protected by PAPA 1948 so PAPA limitation is inapplicable; the discovery of the negligence occurred upon availability of the Court of Appeal grounds (12 Oct 2015) and the subsequent Federal Court refusal, hence the Plaintiff's claim filed March 2019 was within limitation; Order 14A was appropriate and the Plaintiff's application was allowed with costs RM2,000.

Court Disposition

Plaintiff's application under Order 14A allowed

Orders

  • Application under Order 14A of the Rules of Court 2012 allowed
  • Costs of RM2,000 awarded to Plaintiff to be paid by the Defendants