21 Oct 2025
Premium Park Development Sdn Bhd Rightbase Trading Sdn. Bhd
- Citation
- J-02(NCvC)(W)-313-02/2024 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- J-02(NCvC)(W)-313-02/2024 (Mahkamah Rayuan)
The Court held that the Learned JC was correct that the tenancy had been terminated and plaintiff could not recover rent; however the Learned JC erred in treating issuance of Form K as sufficient to vest title — vesting occurs upon memorial under ss 23 and 66 — so plaintiff retained proprietary interest until memorialisation but the consent order granted defendant access until formal acquisition and therefore plaintiff could not succeed on trespass claims over the Access Road or Unidentifiable Land; Appeal 313 dismissed and Appeal 373 allowed, setting aside the High Court's finding of trespas…