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2019 MarsdenLR 2676

FEDERAL COURT PUTRAJAYA
ANN JOO STEEL BERHAD – Appellant
Versus
PENGARAH TANAH DAN GALIAN NEGERI PULAU PINANG & ANOR AND ANOTHER APPEAL – Respondent


Petitioner Advocates:Lim Chee Wee,Kwan Will Sen,Nimalan Devaraja,Kelvin Seah Khye Jie ,Respondent Advocate: Cyrus Das,Karin Lim Ai Ching,Dominic Pillai R K Pillai,Charanjit Singh Mahinder Singh,Noor Adzraii Noor Azhar & Siti Fatimah Talib

Table of Content
1. validity of the high court order relating to jurisdiction. (Para 1 , 2 , 10)
2. background of land ownership and disputes. (Para 4 , 5 , 6 , 12)
3. determination of legality and jurisdiction of the original court's decision. (Para 9)
4. requirements for challenging a court order. (Para 19 , 24 , 32)
5. importance of adhering to court orders until set aside. (Para 23 , 30)
Introduction

[1] The two appeals before us, relate to the issue on the sanctity and validity of an Order of the High Court at Pulau Pinang made in 1995 (the 1995 Order). The Order was perfected and not appealed against or set aside. The Order was challenged on the basis that, it was made in excess of jurisdiction, hence liable to be set aside. This challenge was brought upon as a defence to a trespass suit filed about ten years after the Order was made. The High Court had allowed the trespass suit and dismissed the challenge made on the 1995 Order, but it was reversed by the Court of Appeal.

[2] The appeals emanate from a claim of trespass filed by the plaintiff Ann Joo Steel Berhad on 22 April 2010, against Tenaga Nasional Berhad as the 1st defendant, Pengarah Tanah dan Galian Negeri Pulau Pinang, the

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