BENCON DEVELOPMENT SDN BHD V MAJLIS PERBANDARAN PULAU PINANG & 2 ORS
- Citation
- BENCON DEVELOPMENT SDN BHD V MAJLIS PERBANDARAN PULAU PINANG & 2 ORS
- Court
- Malaysian court
The originating summons was dismissed because (1) the 2nd and 3rd defendants were improperly joined as they were merely advisory bodies and the first defendant is the proper and sole decision‑maker; (2) the substantive relief sought was in substance judicial review for which leave within the prescribed time was required and was not obtained; (3) the claim was time barred by the Public Authorities Protection Act 1948 and barred by laches/unconscionable conduct; and (4) the Appeal Board's decision was final, so the plaintiff's attempt to relitigate amounted to cause of action and issue estoppel…