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2024 MarsdenLR 2134

INDUSTRIAL COURT KUALA LUMPUR
KOPERASI PEMBIAYAAN SYARIAH ANGKASA BERHAD – Appellant
Versus
ANTASHA ABDUL RAHIM – Respondent


Petitioner Advocates:Mior Muhammad Nadjmie Abdul Talib ,Respondent Advocate: Mohd Hanif Idris

JUDGMENT

Gan Techiong JC:

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

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