2011 MarsdenLR 3550

SURIYADI HALIM OMAR, ABDUL WAHAB PATAIL, LINTON ALBERT
BALARE JABU & ORS – Appellant
Versus
MERAWA SDN BHD & ORS – Respondent

Declaration applications are not subject to limitation, necessitating examination of serious issues, including native customary rights and potential breaches of fiduciary duty.

Headnote:(A) Rules of the High Court 1980 - Order 18 Rule 19 - Public Authorities Protection Act 1948 (Revised 1978) - The court considered the application to strike out the plaintiff's writ and statement of claim for disclosing no reasonable cause of action, being scandalous, or abusive to court process - The respondents' reliance on limitation defenses under statutory provisions was evaluated, asserting that there were serious and substantial issues requiring further judicial examination rather than dismissal at this stage - Notably, an application for declaratory orders is exempt from limitation, and the potential breach of fiduciary duty related to constitutional rights must be considered. (Paras 2-12)

(B) Native customary rights - The court reaffirmed that such rights exist under common law and emphasized that their determination involves factors needing thorough factual examination rather than summary dismissal. (Paras 10-11)