PANTAI GREEN DEVELOPMENT SDN. BHD. v 1. ) ANCUBIC CAPITAL SDN. BHD. 2. ) CEDY THIRD CONTRACTING AND TRADING (M) SDN.BHD. 3. ) Wan Mohamad Faisal Bin Wan Ismail 4. ) ANCUBIC CONSTRUCTION SDN BHD

wa-22ncvc-325-06-2022 High Court (Mahkamah Tinggi) 27 April 2025 • WA-22NCvC-325-06/2022

Catchwords

Locus standi and alleged trespass. Validity of power of attorney. Assessment of damages. Third-party indemnity. The plaintiff, claiming under an irrevocable power of attorney and joint venture agreement, sued the defendants for trespass over a parcel of land. The Court held that the plaintiff lacked locus standi as it improperly commenced proceedings in its own name and the power of attorney was invalid under the Powers of Attorney Act 1949. The Court further found that the alleged trespass was authorised by a registered proprietor, negating liability. No damages were proven. Third-party indemnity proceedings were also dismissed. The suit was dismissed in its entirety with costs awarded to all defendants.

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (5)

ANCUBIC CAPITAL Sdn Bhd Defendant ANCUBIC CONSTRUCTION Sdn Bhd Defendant CEDY THIRD CONTRACTING AND TRADING Sdn Bhd Defendant PANTAI GREEN DEVELOPMENT Sdn Bhd Plaintiff Wan Mohamad Faisal bin Wan Ismail Defendant

Judgment

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Source: eJudgment (wa-22ncvc-325-06-2022)