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2023 MarsdenLR 638

COURT OF APPEAL PUTRAJAYA
NAI NIN SARARAKSH – Appellant
Versus
FIVE STAR HERITAGE SDN BHD & ORS AND OTHER APPEALS – Respondent


Petitioner Advocates:Ravin Vello ,Respondent Advocate: Karin Lim Ai Ching,Julinder Sarjit Daliwal,Suppiah Arumugam,Alyssa Lim

Table of Content
1. introduction of the appeals concerning ag's consent. (Para 1 , 2 , 27)
2. historical context of the trust and its transformation over time. (Para 5 , 6 , 12 , 19)
3. legal implications of a public vs. private trust. (Para 20 , 30 , 34)
4. assessment of consent by the attorney-general. (Para 78 , 89 , 94)
5. final ruling supporting the appeal. (Para 100)
Abu Bakar Jais JCA:

Introduction

[1] There are three appeals before us. The first, Appeal No P 01(A)-602-10/2021 is between Nai Ninn Sararaksh ("Nai") as the appellant and Five Star Heritage Sdn Bhd and five others as the respondents ("Appeal No 602"). The second is Appeal No P 01(A)-609-10/2021 between Ho Choon Teik ("Ho") as the appellant and the same respondents ("Appeal No 609 "). The third and last is Appeal No P 01(A)-621-10/2021 between Attorney-General Malaysia ("AG") and also the same respondents ("Appeal No 621").

[2] The three appeals arose from the decision of the High Court ("HC") which had allowed an application for judicial review ("JR") filed by the respondents.

[3] Nai, Ho and AG, all opposed that application for JR filed by the respondents at the HC. The application for JR is to challenge the AG's consent

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