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Cases

PERBADANAN PENGURUSAN SUNRISE GARDEN KONDOMINIUM v. SUNWAY CITY (PENANG) SDN BHD & ORS AND ANOTHER APPEAL
Federal Court, Putrajaya
Nallini Pathmanathan, Rhodzariah Bujang, Mohamad Zabidin Mohd Diah FCJJ
[Civil Appeal Nos: 01(F)-24-12-2021(P) & 01(F)-25-12-2021]
20 January 2023
[2023] 3 MLRA 44

JUDGMENT

I. Introduction

[1] These 2 appeals concern the law relating to planning approvals, more particularly, in relation to development on hill land and steep slopes in the state of Penang. This is a matter of significance because development on hillslopes is intrinsically related to sustainable development in the context of environmental law. It brings to the fore the need for a holistic approach in decision making in relation to property development, particularly on hill land and steep slopes as, notwithstanding legislation in this regard, sustainability of development has not necessarily been ensured. The governance of property development requires constant vigilance and a holistic approach in decision making by the relevant authorities.

II. Appeal History

[2] There are 2 appeals before the Federal Court brought by the Perbadanan Pengurusan Sunrise Garden Kondominium [Civil Appeal No 01(f)-24-12/2021 (P) & Sim Khoo Tneah Seng and Goon Swee Keng 01(f)-25- 12/2021 (P)] (collectively referred to as the Appellants) against the decision of the Court of Appeal, rejecting the respective Appellants' appeal to have the planning permission granted by the local authority, Majlis Bandaraya Pulau Pinang ('the local authority') set aside. The Court of Appeal in reaching its decision, affirmed the decision of the High Court.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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