21 Mar 2025
TAN SOW MOOI 1. ) RAINBOW PARADISE BEACH RESORT HOTEL 2. ) CHAMPSURF SDN BHD
- Citation
- PA-12BNCvC-15-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12BNCvC-15-06/2023 (Mahkamah Tinggi)
The High Court allowed the appellant's appeal, holding the Sessions Court was plainly wrong for failing to evaluate evidence against the legal elements of trespass and nuisance, for misapplying judicial notice regarding service of the Notice, and for disregarding the legal effect of the appellant's long lease; accordingly the appellant was entitled to vacant possession, decontamination of the unit, refund of maintenance/service charges from July 2020, costs orders, and the quantum of damages was remitted to the Sessions Court for assessment.