23 May 2023
BUDAYA YNS SDN BHD REMBAU GALIAN SDN BHD
- Citation
- NA-12BNCC-3-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-12BNCC-3-07/2022 (Mahkamah Tinggi)
The Sand Excavation Agreements, properly construed, created a licence and agency arrangement permitting plaintiffs to occupy and extract sand as agent/licensee of the Malay landowner; they did not transfer, charge or otherwise dispose of a Malay holding within the meaning of the Malay Reservation Enactment, and therefore were not void. The defendant breached clause 2 by failing to execute documents to obtain permits and was obliged to return the RM200,000 security deposits to each plaintiff with interest at 5% per annum from 1 March 2017. The defendant's counterclaim for trespass succeeded on…