Azizul Azmi Adnan JC:

Introduction

[1] This was a cross-appeal from the decision of the Registrar of this court in assessment proceedings.

Background Facts

[2] The plaintiff carried on a business of trading in scrap metal and second-hand goods, on premises rented from the Kuala Lumpur City Hall Workers Union. She had obtained the requisite licence from the Royal Malaysian Police and an exemption certificate to operate a second hand goods business under the Second-Hand Dealers Act 1946. However, she did not obtain any business licence, permit or consent from the second defendant, DBKL. Nor did she has any approval to construct any structure on the land on which she ran her business.

[3] DBKL gave to the plaintiff several enforcement notices, requiring her to demolish the structures, failing which enforcement action would be taken against her. On 16 January 2008, the defendants carried out the enforcement action, and demolished the