The Malacca High Court has overturned the assessment hike implemented by the Hang Tuah Jaya Municipal Council (MPHTJ).

In declaring the decision null and void, judicial commissioner Mohd Firuz Jaffril found that the hike did not follow procedures under the Local Government Act 1976.

MPHTJ is one of four local councils in Malacca.

The suit was brought by DAP's Ayer Keroh state assemblyperson Khoo Poay Tiong (photo, above) and wife Lee Wei Cheng whose home was also affected by the 30 percent hike.

The plaintiffs had argued that the assessment hike that came into force in July last year was illegal as MPHTJ failed to first confirm the valuation list under Section 143(1) of the Local Government Act 1976.

The section states: "On or before the 31st day of December of the year preceding the year in which any valuation list is to come into force, the local authority shall, with the approval of the state authority, confirm such valuation list with or without any amendment or revision and the valuation list so confirmed shall be deemed to be valuation list until such time as it is superseded by another valuation list.”

The High Court in its decision today concurred with the plaintiffs' argument.

Lawyer Ng Kok Peng and Terrance Chan acted for the plaintiffs. MPHTJ has indicated that it will appeal the case.

When contacted, Khoo hailed the outcome as a victory for the people.

Khoo said many residents had complained about the hike and he took it upon himself to take the matter to court.

"I hope the authorities will not waste taxpayers' money by appealing the decision," he said.

Khoo said the local government should not be burdening the people with hikes at a time when it was struggling with rising cost of living and the goods and services tax (GST).

"State agencies can raise funds by implementing savings measures, reducing corruption and ensuring no leakages and wastage instead of increasing fees," he said.