j-02ncvcw-313-02-2024 — Premium Park Development Sdn Bhd v Rightbase Trading Sdn. Bhd

Catchwords

Appeal 313 was the Plaintiff’s Appeal against the Learned JC’s decision to dismiss the Plaintiff’s claim for alleged rent arrears for both Rented Lots (and alternatively against the Learned JC’s decision dismissing the Plaintiff’s claim for trespass specifically upon the Unidentifiable Land) In essence, the Plaintiff was dissatisfied with the portion of its claim that the Learned JC had partly dismissed while the Defendant was dissatisfied with the portion of the Plaintiff’s claim that the Learned JC had partly allowed. * Whether the Learned JC was correct to find that the plaintiff was not entitled to a cause of action under the tenancy agreement for alleged overdue rental. * whether the Learned JC was correct to find that the plaintiff was entitled to a cause of action for trespass only up to the issuance of form k. * whether the Learned JC was correct to allow the plaintiff’s alternative claim for trespass specifically over the access road * whether the Learned JC was correct to dismiss the plaintiff’s alternative claim for trespass specifically over the unidentifiable land.

Practice Areas

Appeal 313 was the Plaintiff’s Appeal against the Learned JC’s decision to dismiss the Plaintiff’s claim for alleged rent arrears for both Rented Lots (and alternatively against the Learned JC’s decision dismissing the Plaintiff’s claim for trespass specifically upon the Unidentifiable Land) In essence, the Plaintiff was dissatisfied with the portion of its claim that the Learned JC had partly dismissed while the Defendant was dissatisfied with the portion of the Plaintiff’s claim that the Learned JC had partly allowed. * Whether the Learned JC was correct to find that the plaintiff was not entitled to a cause of action under the tenancy agreement for alleged overdue rental. * whether the Learned JC was correct to find that the plaintiff was entitled to a cause of action for trespass only up to the issuance of form k. * whether the Learned JC was correct to allow the plaintiff’s alternative claim for trespass specifically over the access road * whether the Learned JC was correct to dismiss the plaintiff’s alternative claim for trespass specifically over the unidentifiable land.

Judges (3)

Ahmad Kamal bin Md. Shahid Coram Azimah binti Omar Delivered S. Nantha Balan a/l E.s. Moorthy Coram

Counsel (5)

K.Sila Dass & Partners Firm Shahareen Begum Firm Shahareen Begum binti Abdul Subhan Counsel Plaintiff Shanker a/l Sivapragasam Counsel Defendant Siti Hasmah binti Osman Counsel Defendant

Parties (2)

Premium Park Development Sdn Bhd Appellant Rightbase Trading Sdn Bhd Respondent

Summary

Two cross-appeals arose from a dispute over unpaid rent and trespass involving land that was compulsorily acquired by the State Authority. The plaintiff-proprietor claimed rent arrears and trespass over an access road and an unidentifiable portion of land, while the defendant-tenant disputed liability. The Court of Appeal dismissed the plaintiff's appeal (313) on rent claims and allowed the defendant's appeal (373) on trespass, finding both parties failed to engage the Land Office to regularise the acquired land under the Land Acquisition Act 1960.

What was the outcome of Premium Park Development Sdn Bhd v Rightbase Trading Sdn. Bhd?

<p>Two cross-appeals arose from a dispute over unpaid rent and trespass involving land that was compulsorily acquired by the State Authority. The plai...

Statutes Cited

Land Acquisition Act 1960 (Cap 486)

Cases Cited (11)

MY (11)

[1977] 1 MLJ 151 [1995] 3 MLJ 331 [1996] 2 MLJ 517 [2014] 7 CLJ 882 [2015] 2 MLJ 126 [2015] 2 MLJ 441 [2016] 1 MLJ 544 [2018] 1 MLJ 661 [2021] 2 MLJ 259 [2021] 4 MLJ 1 [2023] MLJU 933