MICHAEL DING SOON MING 1. ) MEOR WAZIR BIN ZULAIDIN 2. ) ANNIE LIZA BINTI MUHAMMAD 3. ) MD FADZILAH BIN YUNUS

MICHAEL DING SOON MING 1. ) MEOR WAZIR BIN ZULAIDIN 2. ) ANNIE LIZA BINTI MUHAMMAD 3. ) MD FADZILAH BIN YUNUS

Caveat No.1 lapsed and was removed under s326 NLC and cannot be extended or revived; Caveat No.2 was entered on materially different grounds (the filing of Suit 369 for specific performance) and therefore was valid when lodged and should be maintained; applications to extend or remove the caveats (OS 1891 and OS 331) are dismissed.

Citation
BA-24NCvC-1891-10/2023 (Mahkamah Tinggi)
Parties
Purchaser: MICHAEL DING SOON MING; Vendor: MEOR WAZIR BIN ZULAIDIN; Vendor: ANNIE LIZA BINTI MUHAMMAD; Vendor: MD FADZILAH BIN YUNUS
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 October 2024
Case Number
BA-24NCvC-1891-10/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (land/caveat) / Hearing and Grounds of Judgment (interlocutory)
Outcome
OS 1891 and OS 331 dismissed; Caveat No.2 to remain on title; no order as to costs.
Legal Topics
Caveat, Removal and Lapse of Caveat, Specific Performance, Vexatious Litigant, Registrar Powers Under National Land Code
Source Language
Malay/English
Land Law Civil Procedure Property Law Equitable Remedies Caveat Removal and Lapse of Caveat Specific Performance Vexatious Litigant +1 more

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Parties

MICHAEL DING SOON MING

Purchaser

MEOR WAZIR BIN ZULAIDIN

Vendor

ANNIE LIZA BINTI MUHAMMAD

Vendor

MD FADZILAH BIN YUNUS

Vendor

Procedural Posture

Originating Summons (land/caveat) / Hearing and Grounds of Judgment (interlocutory)

Legal Issues

  1. 1 Whether Caveat No.2 is a continuation of Caveat No.1
  2. 2 Whether validity of Caveat No.1 can be extended
  3. 3 Whether Caveat No.2 was validly lodged after Caveat No.1

Ratio Decidendi

Caveat No.1 lapsed and was removed under s326 NLC and cannot be extended or revived; Caveat No.2 was entered on materially different grounds (the filing of Suit 369 for specific performance) and therefore was valid when lodged and should be maintained; applications to extend or remove the caveats (OS 1891 and OS 331) are dismissed.

Court Disposition

OS 1891 and OS 331 dismissed; Caveat No.2 to remain on title; no order as to costs.

Orders

  • OS 1891 and the counterclaim dismissed.
  • OS 331 and the counterclaim dismissed.