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2015 MarsdenLR 2070

FEDERAL COURT PUTRAJAYA
S & M JEWELLERY TRADING SDN BHD & ORS – Appellant
Versus
FUI LIAN-KWONG HING SDN BHD – Respondent


Jeffrey Tan FCJ:

[1] The sole question upon which leave was granted to appeal against the order of the Court of Appeal in respect of the matter decided by the High Court in the exercise of its original jurisdiction reads:

"If a lease or sub-lease (exceeding three years) is rendered void by reason of want of registration under the provisions of the National Land Code , does the lease or sub-lease become:

(i) A tenancy at will and if so for what period? or

(ii) An equitable sub-lease and if so, for what period?"

[2] By a sub-lease and Guarantee Agreement (hereinafter referred to as the agreement) dated 1 November 2006, the respondent, as the registered lessee, sub-leased certain floors of a seven storey building known as Wisma Fui Chiu and erected on land held under Geran 42414, Lot 130, Bandar Kuala Lumpur (hereinafter referred to as the demised premises) to the 1st appellant for a term of 25 years, that is, from 1 May 2006 to 16 October 2031, with the 2nd to 4th appellants in tow as sureties for the 1st appellant. Clause 6.0(a) of the agreement provided that the respondent shall execute and deliver to the 1st appellant "a valid and registrable memorandum of [sub]lease in the prescribe

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