INDUSTRIAL COURT KUALA LUMPUR
KOPERASI PEMBIAYAAN SYARIAH ANGKASA BERHAD – Appellant
Versus
ANTASHA ABDUL RAHIM – Respondent
JUDGMENT
Introduction
[1] Section 6 of the Powers of Attorney Act 1949 enables the creation of a power of attorney that, in favour of a purchaser, is irrevocable for an indefinite period. The solicitors who drafted the instrument dated 5 January 2021 purporting to create a power of attorney ("the said Instrument") appeared to have overlooked that the said s 6 requires "valuable consideration" to be given for the creation of a Power of Attorney irrevocable for an indefinite period - unlike s 7 of the Act. I shall explain my reasons for dismissing the Plaintiff's application to enforce the said Instrument by discussing the various sections of the .
[2] Two issues arose for determination in this case. The first issue was whether the said Instrument did create a power of attorney which was enforceable by the Plaintiff as an "irrevocable power of attorney for an indefinite period". The second issue was whether a private caveat, entered by a person who was not named as a party in this case, ought to be removed by an order of this Court without giving him a chance to be heard.
[3] The Originating Summons in this case was first filed by the Plaintiff in the High Court of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.