July 8, 2010

[2010] 2 MLJ PAGE 3

TAN YIN HONG V TAN SIAN SAN & ORS
It is trite law that this Court may depart from its earlier decision if the former decision sought to be overuled was wrong,uncertain, unjust or outmoded or obsolete in the modern conditions. As it was clear that the Federal Court  in the Adorna Properties case had misconstrued S340(1) (2) and (3) of the NLC and thus came to the erroneous conclusion that the proviso to S340(3) applied equally to S340(2), this error needed to be remedied forthwith  in the interest of all the registered proprietors.
PS With the above decison, the principle as laid down in Adorna Properties was unceremoniously buried.