Malaysia Case Law: Decisions & Judgments

Topic

Consent to entry

Legal area

Court

3 May 2024

Pembinaan EBSB Jaya Sdn Bhd 1. ) Lifestyle & Heath Care Services Sdn Bhd 2. ) Chai Kim Fatt 3. ) Loh Kong Yew

Citation

NA-23NCvC-12-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

NA-23NCvC-12-11/2021 (Mahkamah Tinggi)

The written Consent Letter dated 17.5.2019 granted lawful permission to enter and perform earth-filling; the plaintiff failed to prove the Earthwork Drawing was incorporated into or formed part of that consent; deviations alleged by the plaintiff were not shown to be breaches of terms in the Consent Letter; expert opinion premised on the irrelevant Earthwork Drawing was disregarded; installation of the culvert complied with the Consent Letter; plaintiff failed to discharge the burden of proof and the trespass and nuisance claims fail.
13 Apr 2022

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

Citation

WA-12ANCvC-222-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-222-08/2021 (Mahkamah Tinggi)

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…

Malaysia Case Law

Pembinaan EBSB Jaya Sdn Bhd 1. ) Lifestyle & Heath Care Services Sdn Bhd 2. ) Chai Kim Fatt 3. ) Loh Kong Yew

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