NFC CLOTHIER SDN. BHD. 1. ) LIAN YIT ENGINEERING SDN. BHD. (Dalam Likuidasi) 2. ) YOONG TECK WAH 3. ) Hew Seong Fatt 4. ) Lee Yong Chai

NFC CLOTHIER SDN. BHD. 1. ) LIAN YIT ENGINEERING SDN. BHD. (Dalam Likuidasi) 2. ) YOONG TECK WAH 3. ) Hew Seong Fatt 4. ) Lee Yong Chai

There were no triable issues and the defendants lacked legal standing to challenge the plaintiff's registered indefeasible title; consequently summary judgment under Order 14 was appropriate and entered against D2, D3 and D4, with an order for them to vacate and deliver vacant possession within 70 days and a writ of possession granted subject to execution.

Citation
WA-22NCvC-787-12/2021 (Mahkamah Tinggi)
Parties
Plaintiff: NFC Clothier Sdn Bhd; First Defendant: Lian Yit Engineering Sdn Bhd (In liquidation); Second Defendant: Yoong Teck Wah; Third Defendant: Hew Seong Fatt; Fourth Defendant: Lee Yong Chai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 November 2023
Case Number
WA-22NCvC-787-12/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Summary Judgment / Judgment on Summary Judgment (order 14)
Outcome
Summary judgment entered against Second Defendant (Yoong Teck Wah), Third Defendant (Hew Seong Fatt) and Fourth Defendant (Lee Yong Chai); defendants ordered to vacate and deliver vacant possession within 70 days; writ of possession granted; no further orders for other prayers and no order as to costs.
Legal Topics
Summary Judgment, Vacant Possession, Indefeasibility of Title, Order 14 Rules of Court, Standing to Challenge Title, National Language Act
Source Language
Malay/English
Property Law Land Law Company Law Insolvency Law Civil Procedure Summary Judgment Vacant Possession Indefeasibility of Title +3 more

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Parties

NFC Clothier Sdn Bhd

Plaintiff

Lian Yit Engineering Sdn Bhd (In liquidation)

First Defendant

Yoong Teck Wah

Second Defendant

Hew Seong Fatt

Third Defendant

Lee Yong Chai

Fourth Defendant

Procedural Posture

Civil Suit Summary Judgment / Judgment on Summary Judgment (order 14)

Legal Issues

  1. 1 Whether summary judgment under Order 14 should be entered against D2, D3 and D4 for delivery of vacant possession
  2. 2 Whether the defendants raised triable issues sufficient to defeat summary judgment
  3. 3 Whether the defendants have legal standing to challenge the plaintiff's title while the registered proprietor is the plaintiff and D1 is in liquidation

Ratio Decidendi

There were no triable issues and the defendants lacked legal standing to challenge the plaintiff's registered indefeasible title; consequently summary judgment under Order 14 was appropriate and entered against D2, D3 and D4, with an order for them to vacate and deliver vacant possession within 70 days and a writ of possession granted subject to execution.

Court Disposition

Summary judgment entered against Second Defendant (Yoong Teck Wah), Third Defendant (Hew Seong Fatt) and Fourth Defendant (Lee Yong Chai); defendants ordered to vacate and deliver vacant possession within 70 days; writ of possession granted; no further orders for other prayers and no order as to costs.

Orders

  • Summary judgment entered against D2 (Yoong Teck Wah)
  • Summary judgment entered against D3 (Hew Seong Fatt) and D4 (Lee Yong Chai)