TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS; MALAYAN BANKING BHD (INTERVENER)
COURT OF APPEAL, PUTRAJAYA
IDRUS HARUN JCA; HASNAH MOHAMMED HASHIM JCA;
YEOH WEE SIAM JCA
[CIVIL APPEALS NO: J-02(W)-219-02-2017, J-02(W)-220-02-2017, J-02(W)-221-02-2017, J-02(W)-224-02-2017, J-02(W)-225-02-2017, J-02(W)-226-02-2017, J-02(W)-227-02-2017 & J-02(W)-228-02-2017]
22 JANUARY 2019
(Trusts; Civil Procedure - Duties - Fiduciary duty - Breach by trustees - Failure by trustees to account for losses - Whether trustees liable for losses suffered by Trust - Receiver and manager - Whether empowered to institute any legal proceedings - Judgments - Grounds of judgment - Whether decision based on evidence adequately found and on law - Application to impugn judgment by intervener - Whether judgment concerned intervener - Whether exemplary damages unconnected with substance of appeal - Whether fatally flawed)
TETUAN KHANA & CO v. SALING LAU BEE CHIANG & OTHER APPEALS  3 CLJ 1
- TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS  1 CLJ 501
SUPERINTENDENT OF LAND AND SURVEY DEPARTMENT KUCHING-DIVISIONAL OFFICE & ANOR v. RATNAWATI HASBI MOHAMAD SULEIMAN  2 CLJ 425
FEDERAL COURT, KUCHING
TENGKU MAIMUN TUAN MAT CJ; DAVID WONG DAK WAH CJ (SABAH AND SARAWAK); ROHANA YUSUF FCJ; IDRUS HARUN FCJ; NALLINI PATHMANATHAN FCJ
[CIVIL APPEAL NO: 01(f)-27-08-2018(Q)]
15 JANUARY 2020
Where a declaration is made by the Minister under s. 48 of the Sarawak Land Code to resume land for a public purpose, the resumption exercise cannot be considered as unlawful or fatally flawed or liable to be set aside by reason only that the Superintendent has failed to comply with the statutory requirements in the conduct of an inquiry to assess compensation thereof. Further, no declaratory orders can be made for the subject land to be reinstated on a status quo basis, or reverted to its original position prior to the resumption. Granting such declaratory orders are akin to ordering for recovery of land against the Government, and that is clearly barred by s. 29(1)(b) Government Proceedings Act 1956.
The power of the Minister to make a declaration under s. 48 of the Code includes the power to amend, withdraw or suspend the declaration. Accordingly, absent any express provision that a declaration under s. 48 is extinguished or lapsed upon the completion of the resumption of the acquired land, the s. 48 declaration cannot, by implication or assumption, simply become exhausted or extinguished when the resumption of the subject land had been completed.
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