Back
GOPAL SRI RAM, DENIS ONG, HAIDAR MOHD NOOR
YEE SENG PLANTATIONS SDN BHD – Appellant
Versus
KERAJAAN NEGERI TERENGGANU – Respondent
| Table of Content |
|---|
| 1. consent orders must be adhered to unless legally discharged. (Para 1 , 2 , 3) |
| 2. frustration occurs only by unforeseen events outside parties' control. (Para 4 , 5 , 6 , 7) |
| 3. legal procedures must align with jurisdictional principles. (Para 8 , 9 , 10 , 11) |
| 4. failure to perform under a consent order does not equate to frustration. (Para 12 , 13 , 14) |
Gopal Sri Ram JCA:
The Background
This appeal has been brought against the order of the High Court at Kuala Terengganu granting a declaration that certain paragraphs of a consent order made in earlier proceedings between the appellant and the second, third and fourth respondents are no longer binding on the respondents. To appreciate the issues raised in this appeal, it is necessary to recite the factual background against which this appeal rests.
The appellant was at all material times the sub-lessee of certain lands ("the said land") in Kerteh, in the state of Terengganu. The exact area of the said land is uncertain, as it has not been surveyed. But it is not in dispute that it is between 15000 and 20000 acres. In the years 1984 and 1986, the government of the state of Terengganu acquired some 3132 acres of
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
