24 Aug 2020
BAYANGAN SEPADU SDN BHD JABATAN PENGAIRAN DAN SALIRAN NEGERI SELANGOR & 2 LG
- Citation
- B-01(NCVC)(W)-328-05/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- B-01(NCVC)(W)-328-05/2018 (Mahkamah Rayuan)
The Court upheld the trial judge's factual finding that the previous owners had consented and surrendered approximately 14 acres for construction of the retention pond and associated structures based on contemporaneous letters, approved layout plans, council minutes and planning authority records; because the proclamation warned bidders to inspect and the retention pond and structures were plainly visible, caveat emptor applied and the defendants' occupation was justified and not trespass. The Court affirmed the validity of the surrender but set aside the High Court's award of damages on the…