MAYLAND VALIANT SDN BHD vs MAJLIS PERBANDARAN SUBANG JAYA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 MarsdenLR 1252

COURT OF APPEAL PUTRAJAYA
MAYLAND VALIANT SDN BHD – Appellant
Versus
MAJLIS PERBANDARAN SUBANG JAYA – Respondent

Petitioner Advocates:Gopal Sri Ram,Rajinder Singh Veriah,Annel Raj,David Yii,Damien Chan ,Respondent Advocate: Karin Lim Ai Ching,Murugan D Maniam,Cyrus Lim

Table of Content
1. the approval process for planning permission is rigorous and must adhere to specified statutory requirements. (Para 1 , 5 , 19)
2. planning permissions granted are strictly regulated by statutory provisions. (Para 7 , 22)
3. determining validity of planning permissions requires strict adherence to planning law. (Para 20)

[1] This is an appeal by the appellant (the defendant in the High Court) against the decision of the High Court dated 29 June 2016 after a full trial, which allowed the plaintiffs claim against the defendant and dismissed the defendants counterclaim with costs of RM120,000.00.

[2] We heard this appeal on 13 December 2017 and reserved our decision. After perusing the Records of Appeal, the written submissions filed by the respective learned counsel and upon hearing learned counsel, we adjourned the matter for our consideration and decision.

[3] We now give our decision and the reasons for the same.

[4] For convenience, in this judgment, the parties will be referred to as they were in the High Court. The background facts of this appeal are important to understand the context in which these appeal was brought.

Background Facts

[5] The plaintiff is the local

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2018 MarsdenLR 1252

COURT OF APPEAL PUTRAJAYAMAYLAND VALIANT SDN BHD – AppellantVersusMAJLIS PERBANDARAN SUBANG JAYA – Respondent

COURT OF APPEAL PUTRAJAYA
MAYLAND VALIANT SDN BHD – Appellant
Versus
MAJLIS PERBANDARAN SUBANG JAYA – Respondent