Pendaftar Hakmilik Negeri Selangor Caesius Development Sdn Bhd & 6 lagi

Pendaftar Hakmilik Negeri Selangor Caesius Development Sdn Bhd & 6 lagi

The Court upheld the High Court: the change of name and subsequent transfer were effected by forged instruments and were void; the Registrar breached statutory duties and failed to follow NLC procedures (including 14th Schedule s.8) and therefore was negligent and not entitled to s.22 protection; the 1st and 2nd defendants were immediate purchasers with defeasible title under s.340(2) NLC; limitation did not bar the suit as the injury was continuing; claims for indemnity by the 1st and 2nd defendants failed for lack of proof of actual loss.

Citation
B-01(NCVC)(W)-359-08/2017 B-01(NCVC)(W)-326-09/2017 (Mahkamah Rayuan)
Parties
Appellant: Pendaftar Hakmilik Negeri Selangor; Respondent: Caesius Development Sdn Bhd; Appellant: Chua Kim Hin; Appellant: Tan Teng Hock; Respondent: SPEC Development & Construction Sdn Bhd; Respondent: Nagappan A/L Arjunan; Respondent: Sundra Vathani A/P A Sivapathasundram; Respondent: Mohamad bin Mahmud
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
8 January 2020
Case Number
B-01(NCVC)(W)-359-08/2017 B-01(NCVC)(W)-326-09/2017 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (land/title) / Court of Appeal Judgment on Appeals Arising From High Court Trial
Outcome
Both appeals dismissed; High Court judgment affirmed
Legal Topics
Indefeasibility of Title, Fraudulent Registration, Negligence by Land Registry, Statutory Duty Under National Land Code, Limitation Under Public Authorities Protection Act, Government Proceedings Act, Third Party Indemnity
Source Language
Malay/English
Land Law Property Law Administrative Law Tort Law Procedure Indefeasibility of Title Fraudulent Registration Negligence by Land Registry +4 more

Case Brief

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Parties

Pendaftar Hakmilik Negeri Selangor

Appellant

Caesius Development Sdn Bhd

Respondent

Chua Kim Hin

Appellant

Tan Teng Hock

Appellant

SPEC Development & Construction Sdn Bhd

Respondent

Nagappan A/L Arjunan

Respondent

Sundra Vathani A/P A Sivapathasundram

Respondent

Mohamad bin Mahmud

Respondent

Procedural Posture

Civil Appeal (land/title) / Court of Appeal Judgment on Appeals Arising From High Court Trial

Legal Issues

  1. 1 Whether the plaintiff’s suit against the Registrar was time barred under s.2(a) PAPA
  2. 2 Whether ss.5 and 6 Government Proceedings Act apply or were waived/abandoned
  3. 3 Whether the Registrar breached statutory duties under the National Land Code in registering change of name and issuing computerized title

Ratio Decidendi

The Court upheld the High Court: the change of name and subsequent transfer were effected by forged instruments and were void; the Registrar breached statutory duties and failed to follow NLC procedures (including 14th Schedule s.8) and therefore was negligent and not entitled to s.22 protection; the 1st and 2nd defendants were immediate purchasers with defeasible title under s.340(2) NLC; limitation did not bar the suit as the injury was continuing; claims for indemnity by the 1st and 2nd defendants failed for lack of proof of actual loss.

Court Disposition

Both appeals dismissed; High Court judgment affirmed

Orders

  • Both appeals dismissed with costs
  • Order of the High Court dated 11 August 2017 affirmed