LING KONG KING & ORS v. BINTULU DEVELOPMENT AUTHORITY & ORS AND ANOTHER CASE

[2019] 1 SSLR 191
High Court Sabah & Sarawak, Bintulu
Lee Heng Cheong J
[Civil Suits Nos: BTU-21NCVC-1-3-2015 (HC) & BTU-21NCVC-3-4-2015 (HC)]
Lee Heng Cheong J

JUDGMENT

Lee Heng Cheong J:

Introduction

[1] The above two Suits bearing Suits Nos BTU-21NCVC-1-3-2015 and BTU-21NCVC-3-4 respectively were commenced by the plaintiffs, Ling Kong King and three others and Lee Lei Hong & another respectively (collectively "the plaintiffs") against Bintulu Development Authority, Paling Construction Sdn Bhd, the Permanent Secretary, Ministry of Planning & Resource Management, Superintendent of Lands and Surveys, Bintulu Division and Government of the State of Sarawak. The defendants are the same in both Suits. In the Statements of Claim of both the above Suits, the plaintiffs sought the following Orders from the Court, namely:

(i) A Declaration Order that the Gazette Notification No 469 dated 6 February 1986 under s 48 of the Sarawak Land Code (Cap 81) made by the Minister of Planning and Resource Management, on the 21 November 1985, issued by the Permanent Secretary of Ministry of Planning and Resource Management or the 3rd defendant for purpose of low-cost housing is null and void, and of no legal effect;

(ii) A Declaration Order that the Memorandum of Declaration of Resumption of Land Instrument No 3921/1986 dated 23 June 1986 made under s 54 of the Sarawak Land Code (Cap 81) made by Superintendent of Lands and Surveys, Bintulu Division or the 4th defendant for purpose of low-cost housing is null and void and of no legal effect;

(iii) Further and/or in the alternative a Declaration Order that in issuing the Gazette Notification No 469 dated 6 February 1986 under s 48 of the Sarawak Land Code (Cap 81) made by the Minister of Planning and Resource Management, on the 21 November 1985, through the 3rd defendant with no intention to pursue the intended purpose of the same, the 3rd and 5th defendants were in breach of the fiduciary duties to the plaintiffs and therefore the said Gazette Notification No 469 dated 6 February 1986 is null and void;

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