Ong Led Seng 1. Lee Kam Sun 2. Pejabat Tanah dan Galian Wilayah Persekutuan 3. Complete Collection Sdn Bhd

Ong Led Seng 1. Lee Kam Sun 2. Pejabat Tanah dan Galian Wilayah Persekutuan 3. Complete Collection Sdn Bhd

Plaintiff's claims against the 2nd and 3rd defendants were dismissed because he failed to plead and prove the requisite particulars of fraudulent conspiracy or any exception under s.340(2) NLC; the 3rd defendant's registered title is indefeasible as no s.340(2) ground was proved and it is a bona fide purchaser for value; default judgment entered against the 1st defendant on plaintiff's unjust enrichment claim with damages to be assessed; costs awarded to 2nd and 3rd defendants.

Citation
BA-22NCvC-277-06/2018 (Mahkamah Tinggi)
Parties
Plaintiff: Ong Led Seng; 1st Defendant: Lee Kam Sun; 2nd Defendant: Pejabat Tanah dan Galian Wilayah Persekutuan; 3rd Defendant: Complete Collection Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 December 2021
Case Number
BA-22NCvC-277-06/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Writ of Summons / Judgment After Full Trial
Outcome
Claims against 2nd and 3rd Defendants dismissed; default judgment against 1st Defendant for unjust enrichment with damages to be assessed; 3rd Defendant's counterclaim dismissed.
Legal Topics
Indefeasibility of Title, Unjust Enrichment, Fraudulent Conspiracy, Pleading Requirements, Default Judgment, Registration of Transfer, Companies Act Compliance
Source Language
Malay/English
Land Law Property Law Equity Civil Procedure Company Law Indefeasibility of Title Unjust Enrichment Fraudulent Conspiracy +4 more

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Parties

Ong Led Seng

Plaintiff

Lee Kam Sun

1st Defendant

Pejabat Tanah dan Galian Wilayah Persekutuan

2nd Defendant

Complete Collection Sdn Bhd

3rd Defendant

Procedural Posture

Civil Writ of Summons / Judgment After Full Trial

Legal Issues

  1. 1 Whether the plaintiff proved a valid sale and purchase and payment sufficient to create a trust/bare trust interest
  2. 2 Whether the pleaded fraudulent conspiracy was alleged with required particularity and proved
  3. 3 Whether any exception under s.340(2) National Land Code was established to defeat registered title

Ratio Decidendi

Plaintiff's claims against the 2nd and 3rd defendants were dismissed because he failed to plead and prove the requisite particulars of fraudulent conspiracy or any exception under s.340(2) NLC; the 3rd defendant's registered title is indefeasible as no s.340(2) ground was proved and it is a bona fide purchaser for value; default judgment entered against the 1st defendant on plaintiff's unjust enrichment claim with damages to be assessed; costs awarded to 2nd and 3rd defendants.

Court Disposition

Claims against 2nd and 3rd Defendants dismissed; default judgment against 1st Defendant for unjust enrichment with damages to be assessed; 3rd Defendant's counterclaim dismissed.

Orders

  • Dismissed Plaintiff's claims against the 2nd Defendant with costs
  • Dismissed Plaintiff's claims against the 3rd Defendant with costs