GOVERNMENT OF THE STATE OF SABAH vs SYARIKAT RASPAND

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 MarsdenLR 2153

COURT OF APPEAL PUTRAJAYA
GOVERNMENT OF THE STATE OF SABAH – Appellant
Versus
SYARIKAT RASPAND – Respondent

Petitioner Advocates:Datuk Roderic Fernandez,Md Hanafiah Md Kassim ,Respondent Advocate: Sugumar Balakrishnan

Table of Content
1. high court ruling on wrongful seizure. (Para 1 , 2 , 3 , 4 , 12 , 56 , 60)
2. details on logs' seizure and evidence. (Para 5 , 6 , 7 , 8 , 9 , 11 , 14)
3. new grounds of appeal and procedural adherence. (Para 15)
4. government's liability in tort. (Para 38 , 39 , 40 , 52)
5. final ruling on appeal. (Para 55)

Low Hop Bing JCA (majority):

Appeal

[1] On 22 July 2005, the Kota Kinabalu High Court held the appellant ("the defendant") liable for wrongful seizure of the respondent's ("the plaintiff's) logs and allowed the plaintiff's claim, with damages to be assessed: See Syarikat Raspand v. Government of the State of Sabah , 2005 MarsdenLR 2605 .

[2] Being dissatisfied, the defendant appealed against the decision of the High Court. By majority (Low Hop Bing and Clement Allan Skinner JJCA concurring; Mohd Hishamudin bin Mohd Yunus JCA dissenting), we allowed the defendant's appeal, with costs here and in the Court below, and set aside the decision of the High Court. We now give our grounds for the majority judgment.

Facts Of The Case

[3] The facts of the case consist of agreed facts as well as those established by way of evidence adduced at the trial.

[4] The agreed facts may be

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2010 MarsdenLR 2153

COURT OF APPEAL PUTRAJAYAGOVERNMENT OF THE STATE OF SABAH – AppellantVersusSYARIKAT RASPAND – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
GOVERNMENT OF THE STATE OF SABAH – Appellant
Versus
SYARIKAT RASPAND – Respondent