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FEDERAL COURT PUTRAJAYA
FAIRISE ODYSSEY (M) SDN BHD – Appellant
Versus
TENAGA NASIONAL BERHAD – Respondent
| Table of Content |
|---|
| 1. the dispute involves land ownership and the construction of transmission lines. (Para 1 , 2 , 10) |
| 2. the central issue addresses whether approval from the state authority is required in writing. (Para 12 , 30 , 31) |
| 3. the approval can be either express or implied according to the statutory provisions. (Para 14 , 22 , 57) |
| 4. statutory interpretation, focusing on implied approval. (Para 21) |
| 5. court's affirmation of established legal findings. (Para 32) |
| 6. final ruling confirming dismissal of appellant's claims. (Para 58 , 70) |
[1] This is an appeal by the appellant against the decision of the Court of Appeal which affirmed the decision of the High Court, in dismissing the appellant's claim for continuing trespass.
Background Facts
[2] The dispute in this appeal concerns a parcel of land described as HS(D) No 10045, PT No 3980, Mukim Gemas, District of Tampin, Negeri Sembilan measuring 144.272 hectares ("the land"), on which the respondent had built transmission lines.
[3] The land which was originally State land was first alienated to Metro Angkasa Sdn Bhd ("Metro Angkasa") in 1990. Due to Metro Angkasa's failure to pay the premium, the alienation was cancelled in 1992.
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