SEE NGEU @ LEE CHAN PENGARAH TANAH DAN GALIAN JOHOR

SEE NGEU @ LEE CHAN PENGARAH TANAH DAN GALIAN JOHOR

The Registrar properly refused to register the transfer because doing so would contravene statutory prohibitions created by Registrar's and private caveats under ss.319 and 322 NLC; the correct remedy for the applicant was to appeal the Registrar's decision under s.418 NLC rather than seek a s.417 direction to override clear statutory restrictions.

Citation
JA-24NCVC-241-04/2021 (Mahkamah Tinggi)
Parties
Applicant/pemohon: See Ngeu @ Lee Chan; Respondent/responden: Pengarah Tanah dan Galian Johor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2021
Case Number
JA-24NCVC-241-04/2021 (Mahkamah Tinggi)
Procedural Posture
Saman Pemula (originating Summons) / Judgment (high Court)
Outcome
Application dismissed with costs
Legal Topics
Registrar's Caveat, Private Caveat, Registration of Transfer, Enforcement of Court Orders, Appeal Under S.418 NLC, Section 417 NLC Limitation
Source Language
Malay/English
Land Law Administrative Law Civil Procedure Registrar's Caveat Private Caveat Registration of Transfer Enforcement of Court Orders Appeal Under S.418 NLC +1 more

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Parties

See Ngeu @ Lee Chan

Applicant/pemohon

Pengarah Tanah dan Galian Johor

Respondent/responden

Procedural Posture

Saman Pemula (originating Summons) / Judgment (high Court)

Legal Issues

  1. 1 Whether the Registrar should be ordered to register a transfer despite the existence of a Registrar's caveat and private caveats
  2. 2 Whether the court should exercise power under s.417 NLC or the proper remedy is an appeal under s.418 NLC
  3. 3 Whether enforcing an earlier court order would require the Registrar to act contrary to provisions of the National Land Code

Ratio Decidendi

The Registrar properly refused to register the transfer because doing so would contravene statutory prohibitions created by Registrar's and private caveats under ss.319 and 322 NLC; the correct remedy for the applicant was to appeal the Registrar's decision under s.418 NLC rather than seek a s.417 direction to override clear statutory restrictions.

Court Disposition

Application dismissed with costs

Orders

  • Saman pemula ditolak
  • Costs awarded to Respondent