Perbadanan Kemajuan Negeri Selangor

On the court record

Illustrates how the courts adjudicate the commercial, land and insolvency disputes of a State development corporation and review the public-law aspects of its activities.

The Perbadanan Kemajuan Negeri Selangor (PKNS, the Selangor State Development Corporation) appears in this corpus as a State statutory development body, litigating in roles that include plaintiff, defendant, respondent, applicant and garnishee, with matters decided principally in the High Court and occasional appeals reaching the Court of Appeal and the Federal Court. The decisions span the corporation's development and commercial activities. Some concern public and administrative law, including a challenge by way of judicial review to a gazette notification affecting land or planning. Others are ordinary commercial and civil-procedure disputes: garnishee proceedings arising out of a construction contract in which the corporation's position as a party holding or owing funds is in issue; claims founded on alleged fraud connected with a resettlement scheme for squatters undertaken by the corporation; and applications for the discovery of documents against a third party. The corpus also reaches corporate insolvency, including the appointment of a private liquidator under sections 482 and 521 of the Companies Act 2016 and the substitution of an officer in that role, and disputes over the wrongful removal of a caveat (pemotongan kaveat secara salah — wrongful removal of a caveat) and a party's refusal to register a second caveat. Because the corporation acts both as a commercial developer and as an instrument of State development policy, the decisions engage both its private-law dealings and the public-law dimension of its functions. The matters are concentrated in the High Court. Collectively the decisions in which PKNS is a party illustrate how the courts adjudicate the commercial, land and insolvency disputes of a State development corporation and review the public-law aspects of its activities. Several of the reported matters also concern the corporation's exposure as a party holding or owing funds and its use of the insolvency and enforcement machinery to protect its position, including the substitution of officers in a liquidation and the discovery of documents from third parties. Across these decisions the corporation's litigation illustrates how a State development body's commercial and policy functions are both tested in the courts.