FUJI AUTO PARTS SDN. BHD. nam foong (m) sdn bhd

FUJI AUTO PARTS SDN. BHD. nam foong (m) sdn bhd

The court found the applicant demonstrated a caveatable interest arising from the ATP sufficient to raise triable issues and that the balance of convenience favored preserving the properties pending determination of Suit 268; accordingly the private caveats are to be maintained/extended until final disposal of Suit 268 and the originating summons is allowed with costs.

Citation
WA-24NCvC-1681-05/2024 (Mahkamah Tinggi)
Parties
Pemohon: Fuji Auto Parts Sdn. Bhd.; Responden: Nam Foong (M) Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2025
Case Number
WA-24NCvC-1681-05/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (extension of Private Caveats) / Interlocutory Hearing; Judgment on Extension of Caveats Pending Disposal of Main Suit WA 22 Ncv C 268 04/2024
Outcome
Originating Summons allowed; caveats maintained/extended until final disposal of Suit 268; costs awarded to applicant.
Legal Topics
Caveat, Specific Performance, National Land Code S323 and S326, Extension of Caveat, Earnest Deposit Dispute
Source Language
Malay/English
Property Law Land Law Civil Procedure Caveat Specific Performance National Land Code S323 and S326 Extension of Caveat Earnest Deposit Dispute

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Parties

Fuji Auto Parts Sdn. Bhd.

Pemohon

Nam Foong (M) Sdn. Bhd.

Responden

Procedural Posture

Originating Summons (extension of Private Caveats) / Interlocutory Hearing; Judgment on Extension of Caveats Pending Disposal of Main Suit WA 22 Ncv C 268 04/2024

Legal Issues

  1. 1 Whether the applicant has a caveatable interest in the subject properties
  2. 2 Whether the private caveats should be extended until final disposal of Suit 268
  3. 3 Whether the Agreement to Purchase (ATP) gives rise to a registrable or caveatable interest

Ratio Decidendi

The court found the applicant demonstrated a caveatable interest arising from the ATP sufficient to raise triable issues and that the balance of convenience favored preserving the properties pending determination of Suit 268; accordingly the private caveats are to be maintained/extended until final disposal of Suit 268 and the originating summons is allowed with costs.

Court Disposition

Originating Summons allowed; caveats maintained/extended until final disposal of Suit 268; costs awarded to applicant.

Orders

  • The two private caveats PDB20470/2023 and PDB20471/2023 lodged by the applicant on 15.12.2023 are to be maintained/extended until the final determination of High Court Suit No. WA-22NCvC-268-04/2024.
  • The Registrar of Titles/Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan Kuala Lumpur shall take all necessary steps, including entering any Registrar's caveat, to give effect to this order.