28 Oct 2021
RAMLI BIN WAN MAJLIS BANDARAYA SHAH ALAM
- Citation
- BA-12BNCVC-4-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCVC-4-01/2021 (Mahkamah Tinggi)
The High Court found the Sessions Court was not plainly wrong in concluding the vehicles were derelict based on evidence (expired road tax/insurance and physical condition) and that MBSA lawfully towed and detained the vehicle under s46(3)(a) of Act 133; compliance with s120 was not required for removal under s46(3)(a); conversion claim failed because detention was lawful and title remained with owner; however the Sessions Court's allowance of the respondent's counterclaim (RM8,000) was set aside due to unclear evidentiary basis and absence of a proper certified invoice under s46(3)(b).