Datuk Bandar Kuala Lumpur v Perbadanan Pengurusan Trellises & 12 Ors (and 3 Other Appeals) [2023] 4 AMR 221, FC

Land law – Planning permission – Appeal against – Development order granted by local authority for proposed development within a public park zoned as green open space – Court of Appeal quashed development order – Objection against proposed development primarily on its non-compliance with the Federal Territory (Planning) Act 1982 ("FT Act") by management corporations, joint management body and residents – Whether persons/entities not falling under rule 5(3) of the Planning (Development) Rules 1970 had locus standi to initiate judicial review proceedings against development order – Development order in contravention of Kuala Lumpur Structure Plan 2020 – Whether development order legal and valid – Whether in absence of statutory direction to the contrary, planning authority is under common law duty to give reasons for decision qua development order to objectors and at which stage – Whether development order granted tainted with conflict of interest and bias – Whether local authority exercised its discretion under the FT Act correctly and lawfully – Federal Territory (Planning) Act 1982, s 22, 22(1), (4) – Federal Territory (Planning) (Zoning and Density) Rules 1985, rule 2 – National Land Code, s 12 – Planning (Development) Rules 1970, rule 5, 5(3) – Rules of Court 2012, Order 15 r 12, Order 53 r 2(4) – Strata Management Act 2013, ss 17, 21(1)(i) – Strata Titles Act 1985, s 39

Li Yang v Chang Siew Tzen [2023] 4 AMR 381, HC

Civil procedure – Summary judgment – Appeal – Challenge against order of dismissal of summary judgment – Claim for money transferred into wrong bank account – Defence of non-privity of contract raised – Retention of money justified on account of being transfer fees – Whether triable issues existed – Whether money could be retained – Rules of Court 2012, Order 14