TENAGA NASIONAL BERHAD 1. ) Yep Lee Na 2. ) TANG LING SDN. BHD. 3. ) Chan Chew Kian 4. ) CRSC PROPERTY SDN. BHD.

TENAGA NASIONAL BERHAD 1. ) Yep Lee Na 2. ) TANG LING SDN. BHD. 3. ) Chan Chew Kian 4. ) CRSC PROPERTY SDN. BHD.

The High Court allowed the appeal because the Defendant entered and maintained the substation with the consent of the registered proprietor at the time of entry (Third Party), evidenced by Form 15A and undisputed conduct of the Third and Fourth Parties; absence of the Defendant's signature and non-registration did not negate contractual effect under s206(3) National Land Code; issues of beneficial ownership and CFO were irrelevant to the trespass claim; plaintiffs had acquiesced; therefore the trespass claim failed and the appeal was allowed with costs resulting in dismissal of the Plaintiffs' claim.

Citation
WA-12ANCvC-222-08/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Tenaga Nasional Berhad; Respondent/plaintiff: Yep Lee Na; Respondent/plaintiff: Chan Chew Kian; Third Respondent/third Party: Tang Ling Sdn Bhd; Fourth Respondent/fourth Party: CRSC Property Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 April 2022
Case Number
WA-12ANCvC-222-08/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal
Outcome
Appeal allowed; Sessions Court decision set aside; Plaintiffs' claim dismissed
Legal Topics
Trespass, Consent to Entry, Lease (form 15 A), Order 14 a Rules of Court, Order 33 Rules of Court, Acquiescence and Waiver, Certificate of Fitness for Occupation, National Land Code Interpretation, Electricity Supply Act Duty to Supply
Source Language
Malay/English
Property Law Tort (trespass) Civil Procedure Statutory Obligations (utilities) Trespass Consent to Entry Lease (form 15 A) Order 14 a Rules of Court +5 more

Case Brief

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Parties

Tenaga Nasional Berhad

Appellant/defendant

Yep Lee Na

Respondent/plaintiff

Chan Chew Kian

Respondent/plaintiff

Tang Ling Sdn Bhd

Third Respondent/third Party

CRSC Property Sdn Bhd

Fourth Respondent/fourth Party

Procedural Posture

Civil Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the Defendant's entry and continued presence on the land was lawful by virtue of consent given by the registered proprietor at time of entry
  2. 2 Whether lack of Defendant's signature on Form 15A and non-registration of lease invalidated consent
  3. 3 Whether purported beneficial ownership of the Fourth Party affects the trespass claim against the Defendant

Ratio Decidendi

The High Court allowed the appeal because the Defendant entered and maintained the substation with the consent of the registered proprietor at the time of entry (Third Party), evidenced by Form 15A and undisputed conduct of the Third and Fourth Parties; absence of the Defendant's signature and non-registration did not negate contractual effect under s206(3) National Land Code; issues of beneficial ownership and CFO were irrelevant to the trespass claim; plaintiffs had acquiesced; therefore the trespass claim failed and the appeal was allowed with costs resulting in dismissal of the Plaintiffs' claim.

Court Disposition

Appeal allowed; Sessions Court decision set aside; Plaintiffs' claim dismissed

Orders

  • Appeal allowed with costs
  • Plaintiffs' claim dismissed