Lau Tian Boon v Majestic Memorial Park (BS) Sdn Bhd

Appellant(s): Lau Tian Boon (Sebagai Setiausaha Dan Wakil Bagi Kwang Kheow Seah, Bagan Serai, Krian (No. Pertubuhan: 1272/63 Perak )

Respondent(s): Majestic Memorial Park (Bs) Sdn Bhd

• YA Datuk Supang Lian
• YA Dato' Lim Chong Fong
• YA Dato' Ahmad Fairuz bin Zainol Abidin

• The appellant, representing an association, entered into a Joint Venture Agreement (JVA) with the respondent company in 2006 to develop and manage a columbarium on a piece of land.
• The land in question was State reserved land, gazetted in 1932 as a cemetery for the Chinese community, with its ownership vested in the State Authority.
• Disputes arose in 2018, leading the appellant's association to terminate the JVA, alleging breaches by the respondent, including failure to construct the agreed number of columbarium lots and outstanding payments.

• The primary legal issue was whether the appellant's association possessed the necessary legal capacity or locus standi to enter into the Joint Venture Agreement concerning the State reserved land.
• Whether the Joint Venture Agreement was void ab initio due to the association's lack of proprietary rights or authority over the land.
• Whether the respondent was estopped from challenging the association's right to possession of the land under Section 116 of the Evidence Act 1950.

• The Court of Appeal unanimously dismissed the appellant's appeal, affirming the High Court's decision to dismiss both the claim and counterclaim.
• The Court held that the appellant's association lacked the legal capacity to enter into the JVA as the land was State reserved land, not alienated to the association, and there was no valid written appointment as maintainer at the material time.
• Consequently, the JVA was declared void under Section 57(1) of the Contracts Act 1950 for being an agreement to do an impossible act, rendering the alleged breaches and termination academic, and Section 116 of the Evidence Act 1950 was found inapplicable.