BITARA ANGKASA SDN BHD 1. ) Cheok Lam Chuan 2. ) Charles Oh Hock Lian 3. ) PENDAFTAR HAKMILIK NEGERI SEMBILAN 4. ) PENGARAH TANAH DAN GALIAN NEGERI SEMBILAN

BITARA ANGKASA SDN BHD 1. ) Cheok Lam Chuan 2. ) Charles Oh Hock Lian 3. ) PENDAFTAR HAKMILIK NEGERI SEMBILAN 4. ) PENGARAH TANAH DAN GALIAN NEGERI SEMBILAN

The Court of Appeal held Bitara Angkasa was a subsequent bona fide purchaser for valuable consideration and thus acquired deferred indefeasibility under s.340(3) NLC; the High Court erred in treating Bitara as immediate purchaser and in finding lack of bona fides. Bitara's appeal against the Land Registry was dismissed, but the Land Registry was held negligent toward LC Cheok and judgment for LC Cheok against the Land Registry was entered to be assessed.

Citation
N-01(NCvC)(W)-283-05/2021 (Mahkamah Rayuan)
Parties
Appellant: Bitara Angkasa Sdn Bhd; First Respondent (plaintiff in High Court): Cheok Lam Chuan; Second Respondent: Charles Oh Hock Lian; Third Respondent (land Registry): Pendaftar Hakmilik Negeri Sembilan; Fourth Respondent: Pengarah Tanah dan Galian Negeri Sembilan
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
18 September 2023
Case Number
N-01(NCvC)(W)-283-05/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / After‑trial Appeal to Court of Appeal
Outcome
Appeal allowed in part. High Court decision setting aside Bitara Angkasa's title reversed; title to Land re‑vested in Bitara Angkasa. Bitara's appeal against the Land Registry dismissed. Judgment entered for LC Cheok against the Land Registry to be assessed.
Legal Topics
Indefeasibility of Title, Deferred Versus Immediate Indefeasibility, Fraud and Imposters, Registrar Immunity, Contribution and Indemnity, Caveat
Source Language
Malay/English
Property Law Land Law Civil Procedure Tort (negligence) Conveyancing Law Indefeasibility of Title Deferred Versus Immediate Indefeasibility Fraud and Imposters +3 more

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Parties

Bitara Angkasa Sdn Bhd

Appellant

Cheok Lam Chuan

First Respondent (plaintiff in High Court)

Charles Oh Hock Lian

Second Respondent

Pendaftar Hakmilik Negeri Sembilan

Third Respondent (land Registry)

Pengarah Tanah dan Galian Negeri Sembilan

Fourth Respondent

Procedural Posture

Civil Appeal / After‑trial Appeal to Court of Appeal

Legal Issues

  1. 1 Whether Bitara Angkasa was an immediate purchaser or a subsequent purchaser for purposes of s.340 NLC
  2. 2 Whether Bitara Angkasa was a bona fide purchaser for valuable consideration
  3. 3 Whether default judgment against Charles Oh established fraud for all purposes

Ratio Decidendi

The Court of Appeal held Bitara Angkasa was a subsequent bona fide purchaser for valuable consideration and thus acquired deferred indefeasibility under s.340(3) NLC; the High Court erred in treating Bitara as immediate purchaser and in finding lack of bona fides. Bitara's appeal against the Land Registry was dismissed, but the Land Registry was held negligent toward LC Cheok and judgment for LC Cheok against the Land Registry was entered to be assessed.

Court Disposition

Appeal allowed in part. High Court decision setting aside Bitara Angkasa's title reversed; title to Land re‑vested in Bitara Angkasa. Bitara's appeal against the Land Registry dismissed. Judgment entered for LC Cheok against the Land Registry to be assessed.

Orders

  • High Court Decision set aside in favor of Bitara Angkasa
  • Title to the Land re‑vested to Bitara Angkasa Sdn Bhd