Gula Perak Berhad v. Datuk Lim Sue Beng
The Federal Court of Malaysia heard six consolidated appeals involving Gula Perak Berhad, Ambank (M) Berhad, Faithmont Estate Sdn Bhd, Yakin Tenggara Sdn Bhd, and Datuk Lim Sue Beng. The core issue was whether a conditional sale and purchase agreement (SPA) for estate land, subject to approval from the Estate Land Board, contravened Section 214A(1) of the National Land Code (NLC). The Court ruled that such conditional agreements are valid and do not require prior approval from the Estate Land Board, reversing the Court of Appeal's decision.
Overview
Case Number
02(f)-45-05/2017(B)
Case Type
Civil - Company law
Court
Federal Court of Malaysia, Putrajaya
Coram Judges
- Zulkefli Ahmad Makinudin
- Ramly Hj AliDelivered Judgment
- Azahar MohamedDelivered Judgment
- Balia Yusof Hj Wahi
- Alizatul Khair Osman KhairuddinDelivered Judgment
Related Proceedings
High Court
D5-22-1648-2005
Kuala Lumpur High Court
Court of Appeal
B-02(IM)-1996-12/2015
Court of Appeal
Heard Together With
Gula Perak Berhad v. Yakin Tenggara Sdn Bhd
02(f)-46-05/2017(B)
Appeal regarding the legality of a conditional sale and purchase agreement involving estate land.
Ambank (M) Berhad v. Yakin Tenggara Sdn Bhd & 4 Others
02(f)-59-06/2017(B)
Appeal regarding the legality of a conditional sale and purchase agreement involving estate land.
Ambank (M) Berhad v. Datuk Lim Sue Beng & 4 Others
02(f)-60-06/2017(B)
Appeal regarding the legality of a conditional sale and purchase agreement involving estate land.
Faithmont Estate Sdn Bhd v. Datuk Lim Sue Beng
02(f)-61-06/2017(B)
Appeal regarding the legality of a conditional sale and purchase agreement involving estate land.
Faithmont Estate Sdn Bhd v. Yakin Tenggara Sdn Bhd
02(f)-65-06/2017(B)
Appeal regarding the legality of a conditional sale and purchase agreement involving estate land.
Subject Matter
Estate land transferConditional agreementsNational Land Code