Ann Joo Steel Berhad (Company No.: 4405-M) v Pengarah Tanah dan Galian Negeri Pulau Pinang Mohd Noor bin Rejab Tenaga Nasional Berhad (Company No.: 200866-W)

no-01f-3-02-2018 Federal Court (Mahkamah Persekutuan) 30 July 2019 • No. 01(f)-3-02/2018

Catchwords

Civil procedure - Appeal - Appeal against the decision of Court of Appeal - jurisdiction - National Land Code (Penang and Malacca Titles) Act 1963 ss 15, 27(3), 29(1) - the appeal relate to the issue of the sanctity and validity of an Order of the High Court at Pulau Pinang made in 1995 (the 1995 Order) - the challenge was brought upon as a defence to a trespass suit filed ten years after the Order was made - Whether the 1995 Order is an illegal order made in excess of jurisdiction and liable to be set aside - whether a party seeking to challenge a sealed and perfected Order of the Court was required to take an active step in filing - whether defendants could challenge the 1995 Order by raising it in a defence

Practice Areas

Civil Procedure Land Law

Judges (5)

Azahar bin Mohamed Coram Balia Yusof bin Haji Wahi Coram Ramly bin Haji Ali Coram Rohana binti Yusuf Coram Zaharah binti Ibrahim Delivered

Parties (2)

Ann Joo Steel Berhad Appellant Pengarah Tanah dan Galian Negeri Pulau Pinang Mohd Noor bin Rejab Tenaga Nasional Berhad Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (no-01f-3-02-2018)