Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Government proceedings act

Legal area

Court

12 Aug 2024

1. ) Bina Puri Sdn Bhd 2. ) Beringin Waja Sdn Bhd (berniaga di bawah usahasama di bawah nama Konsortium Bina Puri-Beringin Waja) 1. ) Kerajaan Malaysia 2. ) United Overseas Bank (Malaysia) Berhad

Citation

WA-24C(ARB)-50-11/2023 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-50-11/2023 (Mahkamah Tinggi)

The court is bound by the Supreme Court majority in Lim Kit Siang and the statutory bar in section 29 Government Proceedings Act 1956 together with section 54(d) Specific Relief Act 1950 precludes granting an injunction against the Government; therefore the injunction applications (Enclosure 1 and Enclosure 3) must be dismissed and costs awarded to the Defendant.
8 Jan 2020

Pendaftar Hakmilik Negeri Selangor Caesius Development Sdn Bhd & 6 lagi

Citation

B-01(NCVC)(W)-359-08/2017 B-01(NCVC)(W)-326-09/2017 (Mahkamah Rayuan)
Court

NCVC
Case number

B-01(NCVC)(W)-359-08/2017 B-01(NCVC)(W)-326-09/2017 (Mahkamah Rayuan)

The Court upheld the High Court: the change of name and subsequent transfer were effected by forged instruments and were void; the Registrar breached statutory duties and failed to follow NLC procedures (including 14th Schedule s.8) and therefore was negligent and not entitled to s.22 protection; the 1st and 2nd defendants were immediate purchasers with defeasible title under s.340(2) NLC; limitation did not bar the suit as the injury was continuing; claims for indemnity by the 1st and 2nd defendants failed for lack of proof of actual loss.