JUDGMENT
[1] The central issue in these 4 appeals concerns the interpretation and understanding of the Attorney General's consent obtained under s 9 of the Government Proceedings Act 1956 [Act 359].
[2] Of the four appeals, three appeals arose from the judicial review proceedings [JR proceedings] while the fourth appeal arose from proceedings related to Originating Summons No: 24NCVC-1128-12/2014 [OS 1128]. We heard all four appeals together. After full consideration of the submissions, reasonings of the Courts below and the records of appeal, we unanimously allowed the appeals relating to the JR proceedings and dismissed the appeal relating to OS 1128.
Background Facts
[3] Both the JR proceedings and OS 1128 arose from these salient facts.Vide a trust indenture dated 30 May 1845, on behalf of Queen Victoria of the United Kingdom of Great Britain and Ireland, the East India Company created a Burmese-Siamese Trust over a plot of land known as Lot 104 in Georgetown subject to terms and conditions as found in the indenture [the Trust]. On Lot 104 was/is a temple serving the Burmese and Siamese communities living on the island of Penang, and their successors in the said Trust. Expressly, the Trust was "for the management of the affairs of their Temple". Four trustees, two from each community, were originally appointed to manage the affairs of the temple [Trustees]. Amongst those terms and conditions was that the trustees had no "right, power or authority whatsoever" to "grant, bargain, sell, assign, transfer, convert or otherwise alienate the said piece of Ground or any part or parcel thereof". The trust land "shall remain, continue for the benefit of the Burmese and Siamese Community of Prince of Wales Island and its Dependencies from henceforth forever".
[4] Despite those express terms and conditions, on 16 April 1994, the Trustees entered into a written agreement to inter alia, partition Lot 104 between the two communities. Lot 104 thus became Lots 2102 and 2103 and an order of Court dated 19 October 1994 [OS No: 24-665-1994 in the HC Penang] was secured to seal that agreement. The effect of that division left the temple remaining on the land held and still held by the Siamese trustees [Lot 2102]. The Burmese trustees continued to hold Lot 2103.