Malaysia Case Law: Decisions & Judgments

Topic

Public authorities protection act 1948

Legal area

Court

15 Nov 2022

ZAKARIA BIN SAAD MUHAMMAD AZHAR BIN IBRAHIM YACOB

Citation

JA-12A-11-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12A-11-05/2022 (Mahkamah Tinggi)

The appeal fails because the pleadings and affidavits disclose a real dispute on capacity, connectivity to governmental duties and the applicability of statutory defences (including s.14(1) Government Proceedings Act 1956); these factual and legal issues cannot be resolved safely on strike‑out grounds and require full trial, therefore the Sessions Court’s refusal to strike out the claim is correct.
18 Oct 2021

Wan Shahrizal Bin Wan Ladin [WAN SHAHRIZAL, HARI & CO.] Puan Naizatul Zima binti Tajudin Penolong Penasihat Undang-Undang Negeri 1 [PEJABAT PENASIHAT UNDANG-UNDANG NEGERI]

Citation

24NCvC-846-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

24NCvC-846-09/2019 (Mahkamah Tinggi)

The court allowed the defendants' strike out application because undisputed contemporaneous documentary evidence established that the land was validly acquired and compensation was offered and accepted (including allocation of a resettlement plot and additional payment), rendering the plaintiff's allegations based solely on the omission in Form E inherently inconsistent and legally unsustainable; alternatively the claim was barred by laches/Public Authorities Protection Act and the plaintiff lacked standing under the limited power of attorney.
13 Dec 2020

Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman

Citation

KA-21NCVC-2-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-21NCVC-2-03/2019 (Mahkamah Tinggi)

The Court held the Court of Appeal had determined the 1st Defendant acted ultra vires and breached its statutory duty under ss204A-204H NLC by issuing title contrary to those provisions; an ultra vires act is not protected by PAPA 1948 so PAPA limitation is inapplicable; the discovery of the negligence occurred upon availability of the Court of Appeal grounds (12 Oct 2015) and the subsequent Federal Court refusal, hence the Plaintiff's claim filed March 2019 was within limitation; Order 14A was appropriate and the Plaintiff's application was allowed with costs RM2,000.
1 Jan 1900

Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman

Citation

KA-21NCVC02-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-21NCVC02-03/2019 (Mahkamah Tinggi)

The Court held the cause of action in negligence accrued on 12 October 2015 when the Court of Appeal grounds were made available; the Court of Appeal had found the 1st Defendant acted ultra vires the National Land Code so s.2 of the Public Authorities Protection Act 1948 did not apply; accordingly the Plaintiff’s claim was within statutory limitation and the pleading disclosed a reasonable and triable cause of action and was not plainly or obviously unsustainable, so the striking out application was dismissed.

Malaysia Case Law

ZAKARIA BIN SAAD MUHAMMAD AZHAR BIN IBRAHIM YACOB

Wan Shahrizal Bin Wan Ladin [WAN SHAHRIZAL, HARI & CO.] Puan Naizatul Zima binti Tajudin Penolong Penasihat Undang-Undang Negeri 1 [PEJABAT PENASIHAT UNDANG-UNDANG NEGERI]

Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman

Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman