9 Dec 2021
WA-24NCVC-26-01/2021 (Mahkamah Tinggi)
- Citation
- WA-24NCVC-26-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCVC-26-01/2021 (Mahkamah Tinggi)
The Registrar had no power to reduce freehold (perpetuity) titles to 99‑year leasehold as a condition of subdivision/conversion; the National Land Code (notably s202 and s204E(3A)) requires re‑alienation of perpetuity titles to remain in perpetuity and the precedent in Sri Lempah and subsequent authorities confirm such forced tenure change is ultra vires; developer consent is irrelevant; prior consent judgments and Registrar's prior conduct support equitable relief and equal treatment but are not the sole basis for the declaration.