YONG SHUI TIAN v. MAJLIS PERBANDARAN LANGKAWI BANDARAYA PELANCONGAN
COURT OF APPEAL, PUTRAJAYA
HASHIM HAMZAH CJ (MALAYA) 
FAIZAH JAMALUDIN JCA 
MEOR HASHIMI ABDUL HAMID JCA
[CIVIL APPEAL NO: K-01(NCVC)(W)-36-01-2024]
8 DECEMBER 2025
[2025] CLJ JT (17)

Abstract – (i) Once a State Authority, under s. 3 of the Local Government Act 1976 ('LGA'), gazettes an area as a Local Authority area, the relevant Local Authority will have jurisdiction over that entire area, unless any part of it is expressly excluded. Any dispute concerning the status of land within that gazetted area – whether the land was private or a State land – will not diminish or negate the Local Authority's responsibility or its statutory obligations under s. 101 of the LGA in respect of that land; (ii) Beaches fall within the definition of 'public place' and 'street' as mentioned in ss. 2 and 101(cc)(i) of the LGA, respectively. Consequently, the application of s. 101 of the LGA will also extend to trees situated on a private land, provided that the land is a land where the public has a right of way, and the trees could pose a danger to public safety; (iii) A breach of statutory duty by a Local Authority is established once it is shown that the same has failed to perform any of its statutory obligations under s. 101 of the LGA. In such circumstances, there is no requirement to consider whether the Local Authority has exercised reasonable care.

LOCAL GOVERNMENT: Local authority – Duties of Local Authority – Maintenance of trees – Coconut tree fell upon tourist while tourist walking along beach, thus sustaining injury – Whether beach under jurisdiction of Local Authority – Whether incident took place on private land – Whether Local Authority obligated to maintain trees allegedly situated on private land – Whether beaches fell within definitions of 'public places' and 'street' – Whether Local Authority owed duty of care towards tourist – Whether Local Authority breached its statutory duties by failing to maintain trees – Whether tourist could rely on res ipsa loquitor – Local Government Act 1976, ss. 2, 3, 8, 101(b), (c) & (cc)(i)

CIVIL PROCEDURE: Appeal – Appeal against judgment of High Court – Coconut tree fell upon tourist while tourist walking along beach, thus sustaining injury – High Court held coconut tree located on private land – High Court held Local Authority owed no duty of care towards tourist and had not breach its statutory duties under s. 101 of Local Government Act 1976 – Whether factual analysis by High Court could be called into question – Whether there was no proper consideration, evaluation and appreciation of evidence adduced during trial by High Court – Whether appellate interference warranted

WORDS & PHRASES: 'public place' – Local Government Act 1976, s. 2 – Whether beaches fell within definition of 'public place' – Whether statutory obligations of Local Authority under s. 101 of Local Government Act 1976 could be extended to coconut trees located on beaches

WORDS & PHRASES: 'street' – Local Government Act 1976, s. 101(cc)(i) – Whether beaches fell within definition of 'street' – Whether statutory obligations of Local Authority under s. 101 of Local Government Act 1976 could be extended to coconut trees located on beaches