18 Aug 2022
1. ) HAN SHENG CHIEW 2. ) TEY SENG KWANG CANDOR VENTURES SDN BHD
- Citation
- JA-12BNCC-3-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12BNCC-3-07/2021 (Mahkamah Tinggi)
Although the Sessions Judge erred in finding the illegality defence was not pleaded, on rehearing the appellants failed to prove the leases were illegal: respondent had valid and renewed local planning approvals and there was no evidence of state enforcement or failure to remedy title‑condition breaches under s127 NLC making the leases void. Therefore the leases are enforceable, the Sessions Court judgment in favour of respondent is affirmed, and appellants' counterclaims for restitution fail, also barred by ex turpi causa given appellants' own unlawful operation.