KOPERASI NIAGA PEGAWAI-PEGAWAI LEMBAGA PERTUBUHAN PELADANG BHD LWN.

KOPERASI NIAGA PEGAWAI-PEGAWAI LEMBAGA PERTUBUHAN PELADANG BHD LWN.

The court found on the balance of probabilities that the lots in the sale plan corresponded to the registered titles and that the full purchase price was received on 21 January 1986; consequently Jaya Kencana became a bare trustee as of that date and lacked power to create the security. Therefore the lien-holder...

Source-derived case information.

Citation
KOPERASI NIAGA PEGAWAI-PEGAWAI LEMBAGA PERTUBUHAN PELADANG BHD LWN.
Parties
Plaintiff: Koperasi Niaga Pegawai-Pegawai Lembaga Pertubuhan Peladang Bhd; Defendant: Southern Bank Bhd
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Property/title Dispute / Final Judgment
Outcome
plaintiff's application allowed
Legal Topics
Caveat, Lien, Bare Trustee, Equitable Interest, Transfer of Title, Priority of Security, Sale of Land, Registration
Source Language
en
Property Law Equity Banking and Finance Contract Law Caveat Lien Bare Trustee Equitable Interest +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Koperasi Niaga Pegawai-Pegawai Lembaga Pertubuhan Peladang Bhd

Plaintiff

Southern Bank Bhd

Defendant

Procedural Posture

Civil Property/title Dispute / Final Judgment

  1. 1 Whether Lot 15577 and Lot 15578 as shown in the sale plan are the same properties as H.S.(M)13165 PT 4283 and H.S.(M)13164 PT 4282
  2. 2 Whether vendor Jaya Kencana became a bare trustee by receipt of full purchase price prior to the creation of the security
  3. 3 Whether the caveats (lien-holder's caveats) lodged by Southern Finance/Southern Bank are valid and enforceable

Ratio Decidendi

The court found on the balance of probabilities that the lots in the sale plan corresponded to the registered titles and that the full purchase price was received on 21 January 1986; consequently Jaya Kencana became a bare trustee as of that date and lacked power to create the security. Therefore the lien-holder caveats lodged by Southern Finance (and now Southern Bank) were invalid and were ordered removed; plaintiff's reliefs were granted with costs.

Court Disposition

plaintiff's application allowed

Orders

  • Application in originating summons (kandungan 1) allowed
  • Caveats of lien-holder registered under Perserahan No. 600/88 Jilid No. 34 Folio No. 76 declared void and set aside