1. ) Ooh Tong Hai 2. ) Goh Hui Li 1. ) Hee Yan Choong 2. ) Lee Chee Boon 3. ) Wan Zaiharatulhasra Binti Hamid 4. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 5. ) PENGARAH TANAH DAN GALIAN SELANGOR 6. ) Tang Ser Chiew 7. ) JOHN HENRY LOUIS 8. ) Ooh

1. ) Ooh Tong Hai 2. ) Goh Hui Li 1. ) Hee Yan Choong 2. ) Lee Chee Boon 3. ) Wan Zaiharatulhasra Binti Hamid 4. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 5. ) PENGARAH TANAH DAN GALIAN SELANGOR 6. ) Tang Ser Chiew 7. ) JOHN HENRY LOUIS 8. ) Ooh

The court found on the balance of probabilities that the Selangor Land Office negligently breached statutory and common law duties by failing to safeguard security paper, by registering a forged Form 19G and by failing to investigate/notify proprietors, which was the effective cause of the plaintiffs’ RM1.5m loss; the court also found that Lee (and his agents) procured the fraudulent removal of caveats with forged documents and that the transfer was obtained by forgery/fraud (and by use of fake title) and is defeasible under s.340 NLC; accordingly the registry’s conduct attracted liability and reliefs (damages, exemplary damages, declarations and restoration orders) were awarded.

Citation
PA-22NCVC-109-06/2016 (Mahkamah Tinggi)
Parties
Plaintiff: OOH TONG HAI; Plaintiff: GOH HUI LI; Defendant / Plaintiff in Counterclaim: HEE YAN CHONG; Defendant: LEE CHEE BOON; Defendant: TANG SER CHIEW; Defendant: JOHN HENRY LOUIS / MESSRS JOHN & ASSOCIATES; Defendant: WAN ZAIHARATULHASRA BINTI HAMID; Defendant: PENDAFTAR HAK MILIK NEGERI SELANGOR / PENGARAH TANAH DAN GALIAN SELANGOR (Selangor Land Office)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 July 2022
Case Number
PA-22NCVC-109-06/2016 (Mahkamah Tinggi)
Procedural Posture
Civil – Land Title, Fraud, Negligence and Conspiracy / Judgment (trial Concluded)
Outcome
Judgment for plaintiffs (Ooh & Goh) and in favour of counterclaimant Hee; findings of negligence and breach against Selangor Land Office; findings of fraud/forgery against Lee and his agents; transfer declared void/defeasible and reliefs ordered.
Legal Topics
Forgery, Fraudulent Transfer, Negligence of Land Registry, Breach of Statutory Duty (national Land Code), Caveat Removal, Indefeasibility (s.340 Nlc), Exemplary Damages, Conspiracy
Source Language
Malay/English
Property Law Tort Land Registration Contract Evidence Law Forgery Fraudulent Transfer Negligence of Land Registry +5 more

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Parties

OOH TONG HAI

Plaintiff

GOH HUI LI

Plaintiff

HEE YAN CHONG

Defendant / Plaintiff in Counterclaim

LEE CHEE BOON

Defendant

TANG SER CHIEW

Defendant

JOHN HENRY LOUIS / MESSRS JOHN & ASSOCIATES

Defendant

WAN ZAIHARATULHASRA BINTI HAMID

Defendant

PENDAFTAR HAK MILIK NEGERI SELANGOR / PENGARAH TANAH DAN GALIAN SELANGOR (Selangor Land Office)

Defendant

Procedural Posture

Civil – Land Title, Fraud, Negligence and Conspiracy / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the Selangor Land Office was negligent and breached statutory duties in failing to safeguard security paper and in registering forged instruments
  2. 2 Whether the impugned Form 19G removing plaintiffs’ caveat was forged and whether Lee fraudulently procured its registration
  3. 3 Whether the transfer to Lee was obtained by forgery/fraud/ultra vires and therefore defeasible under s.340 NLC

Ratio Decidendi

The court found on the balance of probabilities that the Selangor Land Office negligently breached statutory and common law duties by failing to safeguard security paper, by registering a forged Form 19G and by failing to investigate/notify proprietors, which was the effective cause of the plaintiffs’ RM1.5m loss; the court also found that Lee (and his agents) procured the fraudulent removal of caveats with forged documents and that the transfer was obtained by forgery/fraud (and by use of fake title) and is defeasible under s.340 NLC; accordingly the registry’s conduct attracted liability and reliefs (damages, exemplary damages, declarations and restoration orders) were awarded.

Court Disposition

Judgment for plaintiffs (Ooh & Goh) and in favour of counterclaimant Hee; findings of negligence and breach against Selangor Land Office; findings of fraud/forgery against Lee and his agents; transfer declared void/defeasible and reliefs ordered.

Orders

  • 4th and 5th defendants (Selangor Land Office) jointly and severally pay RM1,500,000 to the plaintiffs within 30 days
  • Selangor Land Office to pay exemplary damages to the plaintiffs in original suit of RM375,000