1. ) Lee Chee Boon 2. ) Tang Ser Chiew 3. ) JOHN HENRY LOUIS 4. ) MESSRS JOHN & ASSOCIATES 1. ) Ooh Tong Hai 2. ) Goh Hui Li 3. ) Hee Yan Choong 4. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 5. ) PENGARAH TANAH DAN GALIAN SELANGOR 6. ) SAHILA BIN

1. ) Lee Chee Boon 2. ) Tang Ser Chiew 3. ) JOHN HENRY LOUIS 4. ) MESSRS JOHN & ASSOCIATES 1. ) Ooh Tong Hai 2. ) Goh Hui Li 3. ) Hee Yan Choong 4. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 5. ) PENGARAH TANAH DAN GALIAN SELANGOR 6. ) SAHILA BIN

The Court of Appeal affirmed the High Court: the Selangor Land Office and its officers were negligent and breached mandatory duties under the NLC in the safekeeping and issuance of security paper/IDTs and in processing a forged Form 19G, and their negligence was the effective cause of Ooh & Goh's loss; s.22 immunity did not apply where there was gross negligence/not in good faith; Lee, John and John & Associates perpetrated fraud, forgery and conspiracy such that the transfer and registered title were defeasible under s.340(2) NLC; therefore the High Court orders setting aside title, awarding damages and allocating indemnity and costs were justified and must be affirmed.

Citation
P-01(NCvC)(W)-481-07/2022 (Mahkamah Rayuan)
Parties
Appellant (land Registry): Pendaftar Hak Milik Negeri Selangor; Appellant (land Registry): Pengarah Tanah dan Galian Selangor; Officer, Respondent in Original Action: Sahila binti Mohamad Sajari; Officer/defendant: Ahmad Suaidi bin Abdul Rahim; Respondent/plaintiff: Ooh Tong Hai; Respondent/plaintiff: Goh Hui Li; Appellant/defendant: Lee Chee Boon; Appellant (struck Out Due to Bankruptcy): Tang Ser Chiew; Defendant/respondent: John Henry Louis; Defendant/respondent (solicitors): Messrs. John & Associates; Respondent/counterclaimant (original Registered Proprietor): Hee Yan Choong
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
28 October 2025
Case Number
P-01(NCvC)(W)-481-07/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / After Trial Appeal (court of Appeal)
Outcome
Both appeals dismissed; High Court judgment affirmed in full
Legal Topics
Negligence, Statutory Duty, Indefeasibility, Forgery, Conspiracy, Exemplary Damages, Caveat Removal, Indemnity
Source Language
Malay/English
Property Law Administrative Law Tort Law Conveyancing Criminal Fraud/forensic Negligence Statutory Duty Indefeasibility +5 more

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Parties

Pendaftar Hak Milik Negeri Selangor

Appellant (land Registry)

Pengarah Tanah dan Galian Selangor

Appellant (land Registry)

Sahila binti Mohamad Sajari

Officer, Respondent in Original Action

Ahmad Suaidi bin Abdul Rahim

Officer/defendant

Ooh Tong Hai

Respondent/plaintiff

Goh Hui Li

Respondent/plaintiff

Lee Chee Boon

Appellant/defendant

Tang Ser Chiew

Appellant (struck Out Due to Bankruptcy)

John Henry Louis

Defendant/respondent

Messrs. John & Associates

Defendant/respondent (solicitors)

Hee Yan Choong

Respondent/counterclaimant (original Registered Proprietor)

Procedural Posture

Civil Appeal / After Trial Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the Land Registry and its officers owed and breached statutory and common law duties of care under the National Land Code
  2. 2 Whether forged/duplicate computerized issue documents of title (IDT) and forged instruments were used to effect a transfer and whether the registered title is defeasible under s.340(2)(a),(b),(c) NLC
  3. 3 Whether s.22 NLC immunity protects Land Registry officers in circumstances of gross negligence/not in good faith

Ratio Decidendi

The Court of Appeal affirmed the High Court: the Selangor Land Office and its officers were negligent and breached mandatory duties under the NLC in the safekeeping and issuance of security paper/IDTs and in processing a forged Form 19G, and their negligence was the effective cause of Ooh & Goh's loss; s.22 immunity did not apply where there was gross negligence/not in good faith; Lee, John and John & Associates perpetrated fraud, forgery and conspiracy such that the transfer and registered title were defeasible under s.340(2) NLC; therefore the High Court orders setting aside title, awarding damages and allocating indemnity and costs were justified and must be affirmed.

Court Disposition

Both appeals dismissed; High Court judgment affirmed in full

Orders

  • Appeal P-01(NCvC)(W)-480-07/2022 dismissed and High Court Judgment affirmed
  • Appeal P-01(NCvC)(W)-481-07/2022 dismissed and High Court Judgment affirmed