Aeon Co. (M) Bhd Asia Plywood Company Sdn Bhd

Aeon Co. (M) Bhd Asia Plywood Company Sdn Bhd

The Court held that once liability under s.329 NLC for wrongful caveat was established, the matter proceeded to assessment of damages and the Deputy Registrar erred in dismissing the claim; the plaintiff proved loss by the loss of a sale to IPGB at RM60 psf and was entitled to interest on the sale proceeds and valuation fees but not to a separate diminution award (to avoid double recovery), and the High Court's calculation of RM2,410,074.53 (including RM2,310,805.53 interest and RM99,269 valuation fees) was correct and is therefore upheld.

Citation
W-03(IM)(NCVC)-30-04/2019 (Mahkamah Rayuan)
Parties
Appellant/1st Defendant: AEON CO. (M) BHD; Respondent/plaintiff: ASIA PLYWOOD COMPANY SDN BHD; 2nd Defendant: PENDAFTAR HAKMILIK TANAH, KEDAH
Court
IM
Jurisdiction
Malaysia
Judgment Date
17 June 2020
Case Number
W-03(IM)(NCVC)-30-04/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Judgment on Appeal (court of Appeal)
Outcome
Both appeals dismissed; High Court judgment dated 22.03.2019 affirmed.
Legal Topics
Private Caveat, Section 329 National Land Code, Specific Performance, Assessment of Damages (o.37 R.1 ROC 2012), Diminution in Value, Interest as Compensation
Source Language
Malay/English
Property Law Land Law Contract Civil Procedure Equity Private Caveat Section 329 National Land Code Specific Performance +3 more

Case Brief

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Parties

AEON CO. (M) BHD

Appellant/1st Defendant

ASIA PLYWOOD COMPANY SDN BHD

Respondent/plaintiff

PENDAFTAR HAKMILIK TANAH, KEDAH

2nd Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the lodging and maintenance of the private caveat was without reasonable cause and caused compensable loss under s.329 NLC
  2. 2 Whether the Deputy Registrar erred in dismissing the plaintiff's assessment of damages after hearing evidence
  3. 3 Proper measure of damages under s.329 (interest on lost sale proceeds vs diminution in property value)

Ratio Decidendi

The Court held that once liability under s.329 NLC for wrongful caveat was established, the matter proceeded to assessment of damages and the Deputy Registrar erred in dismissing the claim; the plaintiff proved loss by the loss of a sale to IPGB at RM60 psf and was entitled to interest on the sale proceeds and valuation fees but not to a separate diminution award (to avoid double recovery), and the High Court's calculation of RM2,410,074.53 (including RM2,310,805.53 interest and RM99,269 valuation fees) was correct and is therefore upheld.

Court Disposition

Both appeals dismissed; High Court judgment dated 22.03.2019 affirmed.

Orders

  • Both appeals are dismissed.
  • Each party shall bear its own costs.