Lau Tian Boon (Sebagai Setiausaha Dan Wakil Bagi Kwang Kheow Seah, Bagan Serai, Krian (No. Pertubuhan: 1272/63 Perak ) v MAJESTIC MEMORIAL PARK (BS) SDN BHD

a-02ncvcw-2061-10-2022 Court of Appeal (Mahkamah Rayuan) 24 June 2025 • A-02(NCvC)(W)-2061-10/2022 • 28 min read
14 cases cited (0 SG, 14 foreign)

Catchwords

In this case, the dispute revolved around a Joint Venture Agreement to develop a columbarium on land designated for a Chinese cemetery. The Court of Appeal found that the Association lacked the legal capacity to enter into the agreement, as it neither owned the land nor had the right to manage it. Consequently, the Joint Venture Agreement was deemed void. The High Court’s decision was upheld on appeal, with RM 25,000.00 in costs awarded to the Company.

Practice Areas

In this case, the dispute revolved around a Joint Venture Agreement to develop a columbarium on land designated for a Chinese cemetery. The Court of Appeal found that the Association lacked the legal capacity to enter into the agreement, as it neither owned the land nor had the right to manage it. Consequently, the Joint Venture Agreement was deemed void. The High Court’s decision was upheld on appeal, with RM 25,000.00 in costs awarded to the Company.

Judges (3)

Ahmad Fairuz bin Zainol Abidin Coram Lim Chong Fong Delivered Supang Lian Coram

Counsel (4)

BH Koh, Soong, Zarin & Partners Firm Woon Choon Firm Ignatius Ho Counsel Appellant Soong Tze Toong Counsel Respondent

Parties (2)

MAJESTIC MEMORIAL PARK Sdn Bhd Respondent Lau Tian Boon Appellant

Case Significance

Lau Tian Boon (Sebagai Setiausaha Dan Wakil Bagi Kwang Kheow Seah, Bagan Sera... is a Court of Appeal (Mahkamah Rayuan) decision dated June 24, 2025 (citation: a-02ncvcw-2061-10-2022). <p>A Chinese community association appealed against the High Court's dismissal of its claim against a memorial park company for breach of a Joint Venture Agreement to develop a columbarium on cemetery land. The Court of Appeal upheld the dismissal, finding that the Association lacked legal capacity to enter into the agreement as it neither owned the reserved cemetery land nor had the right to manage it under the 1932 gazette notification. The Joint Venture Agreement was deemed void and costs of The panel comprised Ahmad Fairuz bin Zainol Abidin, Lim Chong Fong and Supang Lian, with Lim Chong Fong delivering the judgment. Counsel appearing: Ignatius Ho (counsel for appellant), Soong Tze Toong (counsel for respondent).

Summary

A Chinese community association appealed against the High Court's dismissal of its claim against a memorial park company for breach of a Joint Venture Agreement to develop a columbarium on cemetery land. The Court of Appeal upheld the dismissal, finding that the Association lacked legal capacity to enter into the agreement as it neither owned the reserved cemetery land nor had the right to manage it under the 1932 gazette notification. The Joint Venture Agreement was deemed void and costs of RM25,000 were awarded to the company.

What was the outcome of Lau Tian Boon (Sebagai Setiausaha Dan Wakil Bagi Kwang Kheow Seah, Bagan Sera...?

<p>A Chinese community association appealed against the High Court's dismissal of its claim against a memorial park company for breach of a Joint Vent...

Statutes Cited

Contracts Act 1950 (Cap 136)
Evidence Act 1950 (Cap 56)
National Land Code (Cap 828)

Cases Cited (14)

MY (14)
[1941] MLJ 1 [1966] 1 MLJ 257 [1974] 1 MLJ 110 [1979] 2 MLJ 229 [1984] 2 MLJ 165 [1992] 3 CLJ 1535 [1995] 3 MLJ 395 [1996] 4 CLJ 545 [1997] 2 CLJ 153 [2003] 2 CLJ 19 [2004] 4 CLJ 309 [2007] 4 MLRH 399 [2014] 1 MLJ 80 [2020] 10 CLJ 1