Pendaftar Hakmilik Negeri Selangor Caesius Development Sdn Bhd & 6 lagi

Pendaftar Hakmilik Negeri Selangor Caesius Development Sdn Bhd & 6 lagi

The Court affirmed the High Court: the change of name and transfer were effected by forged/fraudulent instruments; the Registrar breached statutory duty and was negligent in registering the change and issuing the computerized IDT in breach of the NLC scheme (14th Schedule s.8); the 1st and 2nd defendants were immediate purchasers and their title was defeasible under s.340(2) NLC; limitation and Government Proceedings Act defenses were not available or were raised too late; indemnity to purchasers failed for lack of proof of actual loss; appeals dismissed and High Court judgment affirmed.

Citation
B-01(NCVC)(W)-359-08/2017 B-01(NCVC)(W)-326-09/2017 (Mahkamah Rayuan)
Parties
7th Defendant: PENDAFTAR HAKMILIK NEGERI SELANGOR; Plaintiff / 1st Respondent: CAESIUS DEVELOPMENT SDN BHD; 1st Defendant / Appellant (in Appeal 359): CHUA KIM HIN; 2nd Defendant / Appellant (in Appeal 359): TAN TENG HOCK; 3rd Defendant: SPEC DEVELOPMENT & CONSTRUCTION SDN BHD; 4th Defendant: NAGAPPAN A/L ARJUNAN; 5th Defendant: SUNDRA VATHANI A/P A SIVAPATHASUNDRAM; 6th Defendant: MOHAMAD BIN MAHMUD
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
8 January 2020
Case Number
B-01(NCVC)(W)-359-08/2017 B-01(NCVC)(W)-326-09/2017 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (from High Court) / Court of Appeal Judgment on Appeals B 01(ncvc)(w) 326 09/2017 and B 01(ncvc)(w) 359 08/2017 Affirming High Court Decision
Outcome
Both appeals dismissed; High Court judgment of 11 August 2017 affirmed
Legal Topics
Change of Name Under National Land Code, Indefeasibility and Defeasibility of Title (s.340 Nlc), Fraudulent Registration and Forged Instruments, Registrar's Statutory Duty and Protection (s.22 Nlc), Limitation Under Public Authorities Protection Act (act 198), Government Proceedings Act Ss.5 6, Third Party Indemnity and Proof of Loss
Source Language
Malay/English
Land Law Property Tort (negligence) Statutory Duty Civil Procedure Change of Name Under National Land Code Indefeasibility and Defeasibility of Title (s.340 Nlc) Fraudulent Registration and Forged Instruments +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

PENDAFTAR HAKMILIK NEGERI SELANGOR

7th Defendant

CAESIUS DEVELOPMENT SDN BHD

Plaintiff / 1st Respondent

CHUA KIM HIN

1st Defendant / Appellant (in Appeal 359)

TAN TENG HOCK

2nd Defendant / Appellant (in Appeal 359)

SPEC DEVELOPMENT & CONSTRUCTION SDN BHD

3rd Defendant

NAGAPPAN A/L ARJUNAN

4th Defendant

SUNDRA VATHANI A/P A SIVAPATHASUNDRAM

5th Defendant

MOHAMAD BIN MAHMUD

6th Defendant

Procedural Posture

Civil Appeal (from High Court) / Court of Appeal Judgment on Appeals B 01(ncvc)(w) 326 09/2017 and B 01(ncvc)(w) 359 08/2017 Affirming High Court Decision

Legal Issues

  1. 1 Whether suit against the Registrar was time barred under s.2(a) Public Authorities Protection Act 1948 (Act 198)
  2. 2 Whether ss.5 and 6 Government Proceedings Act 1956 (Act 359) required naming the tortfeasor
  3. 3 Whether the 7th defendant breached statutory duty/was negligent in registering change of name and issuing computerised IDT

Ratio Decidendi

The Court affirmed the High Court: the change of name and transfer were effected by forged/fraudulent instruments; the Registrar breached statutory duty and was negligent in registering the change and issuing the computerized IDT in breach of the NLC scheme (14th Schedule s.8); the 1st and 2nd defendants were immediate purchasers and their title was defeasible under s.340(2) NLC; limitation and Government Proceedings Act defenses were not available or were raised too late; indemnity to purchasers failed for lack of proof of actual loss; appeals dismissed and High Court judgment affirmed.

Court Disposition

Both appeals dismissed; High Court judgment of 11 August 2017 affirmed

Orders

  • Appeals B-01(NCVC)(W)-326-09/2017 and B-01(NCVC)(W)-359-08/2017 dismissed
  • High Court order dated 11 August 2017 affirmed