A party lacks standing to challenge a decision if it cannot prove they are adversely affected by that decision.

Intoduction

[1] In these judicial review proceedings, the Applicant seeks to declare that the decisions made by the first, second and third Respondents to firstly revoke what the former claimed to be a "Road Reserve" and thereafter, to alienate the said "Road Reserve" to the fourth Respondent to be null and void and of no effect and that an order of certiorari be granted to quash the aforesaid decisions.

Key Background Facts

[2] The Applicant and MB Builders Sdn Bhd (the fourth Respondent) are private limited companies incorporated in Malaysia.

[3] The Applicant is and was at all material times the registered and beneficial owner of Lot 2897 where a 12 storey and 2 floor basement hotel known as Hotel Sentral is situated. The Applicant bought Lot 2897 together with Hotel Sentral from Naza Hotel (Malaysia) Sdn Bhd.

[4] Pursuant to a separate sale and purchase agreement dated 16 May 2011, the Applicant purchased two adjacent vacant lands held under Geran 45289 Lot 10578 and Geran 42590 Lot 10579 both in Bandar Johor Bahru, Daerah Johor Bahru. The Applicant is now the registered proprietor of Lots 10578 and 10579, both of which were formerly known as one Lot 2898.

[5] At all material times, the fourth Respondent is the registered owner of the land formerly held under Lot 3270.

[6] Crucially for present purposes, the said "Road Reserve" ("the Said Land") is situated between Lot 2897 (where Hotel Sentral is situated) and the former Lot 3270 in the form of a strip of land marked in the Site Plan exhibited as Exhibit A-6 to the Applicant's first affidavit as "Jalan Lekas". The road built on the "Road Reserve" had been utilised by the public at large, including the Applicant's Hotel Sentral. In this regard, the Applicant had appointed Syarikat Mahyuddin Dan Siew Sdn. Bhd., a licensed land surveyor to prepare a report, which concluded as follows:

(i) Lot 2895 came about as a result of the amalgamation of Lot 2120 and Lot 2872; and

(ii) Lot 2895 was subsequently subdivided into smaller lots. The smaller lots included Lot 2897. The "Road Reserve" came about as a result of the subdivision;

(iii) The effect of the subdivision was that parts of Lot 2895 were surrendered to the State, which included the subject matter "Road Reserve".

[7] Hotel Sentral obtained its Certificate of Fitness on 20 June 2003. The Applicant claimed that when it purchased Lot 2897, the Applicant was not given the approved building plans. What the Applicant has are the approved Bomba plans, specifically, the plans endorsed by Bahagian Pencegah Dan Keselamatan, Jabatan Bomba dan Penyelamat Malaysia bearing file reference number JBPM/PK 31080, in respect of Hotel Sentral which included a site plan/key plan, basement 2 floor plan, basement 1 floor plan and 4 ground floor plan ("the Approved Bomba Plans")

[8] It is the contention of the Applicant that the manner in which Hotel Sentral was constructed followed the Approved Bomba Plans. This is supported by Oon Yeet Yeet Jack, a professional architect who by way of an affidavit rendered an opinion entitled "Architect's Professional Opinion".

[9] The Architect's Professional Opinion stated that;

(i) the ingress and egress to the basement car park of Hotel Sentral is through the "Road Reserve"; and

(ii) designated car parks of Hotel Sentral were located next to the Road Reserved.

[10] As such, given that the said decisions to revoke the "Road Reserve" and thereafter alienating it to the fourth Respondent have resulted in the "Road Reserve" now forming part of the new Lot 3270, the Applicant contended that it had lost its access to the hotel basement car park.

[11] By a letter dated 21 April 2014 from MB Era Build Sdn B