Hishamudin Yunus J:

On 22 May 1991 the Majlis Daerah Kuala Muda (the respondent/defendant), the local authority responsible for the administration of the town of Sungai Petani), carried out an enforcement operation to clear the roads and streets of the industrial area of Bakar Arang in Sungai Petani of obstructions. In the course of the operation, they seized and detained certain machinery and parts of machinery ("the property" or "the goods") belonging to the plaintiff which had been deposited on a road for about two weeks.

This is an appeal against the decision of the learned Session Court judge who had dismissed the appellant's/plaintiff's claim against the respondent/defendant ("the council"), for the unlawful detention of those property. The appellant had claimed for the return of those goods. The present suit is an action for the tort of conversion.

I had dismissed the appeal.

I find that the learned Sessions Court judge was correct in her finding of fact that the property were placed on a road and causing obstruction to the public. I agree with her finding of law that the road was a "public place". Section 48 of the Street, Drainage and Building Act 1974 (Act 133