COURT OF APPEAL PUTRAJAYA
MAJLIS BANDARAYA SHAH ALAM – Appellant
Versus
ONLY ONE FOOT REFLEXOLOGY SDN BHD – Respondent
| Table of Content |
|---|
| 1. enforcement actions are valid only with proper authority. (Para 1) |
| 2. jurisdictional issues were deemed essential to assess the legality of actions taken. (Para 2 , 3) |
[1] This appeal arises from a decision of the High Court of Malaya sitting at Shah Alam, which determined that the enforcement action by the appellant, namely Majlis Bandaraya Shah Alam ('the city council'), carried out on the premises of the Respondent, namely Only One Foot Reflexology Sdn Bhd ('the health care and beauty centre'), was unauthorised, and thereby unlawful. Such an unauthorised search and seizure enforcement action, it was found, contravened the relevant statutory by-laws governing the city council's search and seizure powers under the Beauty and Health Centre (Shah Alam City Council) By-Laws2007.
[2] Before the High Court, the primary issue for determination was whether the city council was right to issue a compound notice to the health care and beauty centre, and seize several objects from the premises. The High Court found that the terms of the licence did not expressly prohibit the services provided by the plaintiff. In the course of examining this issue and the relevant by laws and
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