NG CHOK LING v ABDUL GAFFAR KHAN BIN AMIRULLAH
Catchwords
TORT: Parties are neighbours – Whether the renovation and construction of the wall on top of the existing retaining wall were illegally carried out by the defendant, lacking approval or a permit from the Petaling Jaya Municipal Council, and not in accordance with the specifications provided by the MBPJ – Whether the construction of the wall on top of the existing retaining wall has affected the rights of the plaintiff to lighting and interfered with the plaintiff’s natural rights to the plaintiff’s property – Whether the defendant and/or the defendant’s contractor has trespassed and entered the plaintiff’s property while carrying out the renovation works - Whether the plaintiff has suffered damages and losses due to the construction of the wall by the defendant – Whether the plaintiff is entitled to claim for the general damages and special damages for trespass and damages for diminution of market value. EVIDENCE: Admission on issue of illegality – S.18(1) of the Evidence Act 1950. CIVIL PROCEDURE: Pleading – Pleaded facts – Whether the Court can consider an issue not specified in the Issues to be tried. LOCAL AUTHORITY: Whether the plaintiff is entitled to demand the demolition of the disputed structure without following the procedures specified by the Street, Drainage and Building Act 1974 (Act 133), which amounts to an abuse of court process and a collateral challenge – Local Authorities’ powers – Mechanism for the local authority to take action if anyone begins the construction of a building without approval – Definition of building, building plans, nuisance, local authority and structure elements - Compensation damages and costs to be determined by court – The authority to mandate demolition or implement modifications vested in MBPJ as the local authority – Should the Court intervene to grant the relief sought by the plaintiff to demolish the wall when the local government is not a party to this suit – S.3, s.70(1) and s.101Act 133.
Practice Areas
TORT: Parties are neighbours EVIDENCE: Admission on issue of illegality CIVIL PROCEDURE: Pleading LOCAL AUTHORITY: Whether the plaintiff is entitled to demand the demolition of the disputed structure without following the procedures specified by the Street, Drainage and Building Act 1974 (Act 133), which amounts to an abuse of court process and a collateral challenge
Judges (1)
Case Significance
NG CHOK LING v ABDUL GAFFAR KHAN BIN AMIRULLAH is a High Court (Mahkamah Tinggi) decision dated May 18, 2025 (citation: ba-23ncvc-58-11-2023). The case was decided by Hazizah binti Kassim.
Key issues: EVIDENCE: Admission on issue of illegality – S.18(1) of the Evidence Act 1950..
What was the outcome of NG CHOK LING v ABDUL GAFFAR KHAN BIN AMIRULLAH?
NG CHOK LING v ABDUL GAFFAR KHAN BIN AMIRULLAH is a High Court decision dated May 18, 2025. The case was heard by Hazizah binti Kassim. See the full judgment for details.