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1993 MarsdenLR 1183

DATO MOHD.AZMI BIN DATO KAMARUDDIN DATO PEH SWEE CHIN, TAH AH TAH, TAN SRI DATUK AMAR HAJI MOHD JEMURI BIN SERJAN
PENANG DEVELOPMENT CORPO- RATION – Appellant
Versus
TEOH ENG HUAT – Respondent


Advocates:
For the appellant - Lim Kean Chye; (Mr. Lim Ewe Hockwith him) M/s. Murad & Foo
For the respondents - Louis Van Buerle; M/s. Cheong WaiMeng & Van Buerle

JUDGMENT

Hj. Mohd. Jemuri Bin Serjan CJ (Borneo):

The appellant, Penang Development Corporation (the Corporation) is a statutory body established under the provisions of the Penang Development Corporation Enactment 1971, (No. 10 of 1971) (the Enactment) with powers, inter alia, to enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield-up, charge, mortgage, demise, reassign, transfer or otherwise dispose of or dealt with, any movable or immovable property or any interest therein vested in the Corporation upon such terms as the Corporation deems fit but not inconsistent with the provisions of the Enactment. The Corporation consists of the Chairman, two ex-officio members, namely, the State Secretary and the State Financial Officer and not more than six other members to be appointed by the State Authority and three representatives of the Federal Government. However, at the material time there were altogether 18 members, including the Managing Director in the Corporation. Under s. 10 of the Enactment the Corporation may, by resolution, delegate to any member, officer or servant of

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