13 Dec 2020
Serba Kemas Sdn Bhd 1. ) Pentadbir Tanah Kulim 2. ) Kerajaan Negeri Kedah Darul Aman
- Citation
- KA-21NCVC-2-03/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-21NCVC-2-03/2019 (Mahkamah Tinggi)
The Court held the Court of Appeal had determined the 1st Defendant acted ultra vires and breached its statutory duty under ss204A-204H NLC by issuing title contrary to those provisions; an ultra vires act is not protected by PAPA 1948 so PAPA limitation is inapplicable; the discovery of the negligence occurred upon availability of the Court of Appeal grounds (12 Oct 2015) and the subsequent Federal Court refusal, hence the Plaintiff's claim filed March 2019 was within limitation; Order 14A was appropriate and the Plaintiff's application was allowed with costs RM2,000.