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2023 MarsdenLR 904

COURT OF APPEAL PUTRAJAYA
FIVE STAR HERITAGE SDN BHD & ORS – Appellant
Versus
NAI NINN SARARAKSH & ANOR – Respondent


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

Table of Content
1. the nature of a public charitable trust and its perpetual character. (Para 1 , 2 , 19 , 52)
2. the sequence and significance of events leading to disputes over trust property. (Para 4 , 5 , 7 , 9 , 10)
3. the importance of attorney general's consent in actions involving trust property. (Para 15 , 36 , 56 , 86)
4. the implications of void transfers under the national land code. (Para 72 , 88 , 90 , 98)
Lee Swee Seng JCA:

[1] The dispute in this case has its genesis in a document of some antiquity. It is an indenture of 1845, written in cursive, created by Queen Victoria on behalf of the British Crown, declaring a piece of 5-acre land be held as a public charitable trust for the Thai and Burmese community in that part of Penang Island where Burma Lane is now.

[2] The beauty of a public charitable trust is that the rule against perpetuity does not apply to it and it may well survive the reckless authority of time. The passage of time cannot generally thwart its public charitable purpose for so long as its charitable purpose is still relevant and not spent. Here it is for the advancement of religion of the Thai and Burmese community in Penang and being the religious or spi

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