16 Jul 2021
YKK (Malaysia) Sdn Bhd Pengarah Tanah dan Galian Johor
- Citation
- 01(f)-23-08/2019(J) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 01(f)-23-08/2019(J) (Mahkamah Persekutuan)
Clause 7, contained in a statutory qualified lease, does not create a private law contractual right binding the State Authority to an automatic 30-year renewal; renewal of state leases is governed by the National Land Code (notably s78(3) and s90A) and remains a statutory discretion subject to registration and administrative steps. The claim required public law remedy (judicial review) and specific performance against the State is barred; accordingly the originating summons was unsustainable and the appeal is dismissed.