SARATBABU A/L ARUMUGAM SELVIE A/P MUNIANDY

SARATBABU A/L ARUMUGAM SELVIE A/P MUNIANDY

Applicant's caveatable interest, founded on the sale agreement, was extinguished because the applicant failed to obtain the mandatory permission from the housing authority required by clause 1(a)1.1; the agreement was therefore not enforceable, the applicant failed to take steps to pursue or appeal that refusal, no...

Source-derived case information.

Citation
BA-24NCvC-145-01/2023 (Mahkamah Tinggi)
Parties
Applicant: SARATBABU A/L ARUMUGAM; Respondent: SELVIE A/P MUNIANDY
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 May 2023
Case Number
BA-24NCvC-145-01/2023 (Mahkamah Tinggi)
Procedural Posture
Civil – Land Dispute Regarding Private Caveat Under National Land Code / Interlocutory Application to Extend/maintain Private Caveat (application Decided)
Outcome
Applicant's interlocutory application to maintain/extend the private caveat dismissed
Legal Topics
Private Caveat, Caveatable Interest, Form 19 C Notice, Condition Precedent to Sale, Interim Relief
Land Law Property Law National Land Code Private Caveat Caveatable Interest Form 19 C Notice Condition Precedent to Sale Interim Relief

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Parties

SARATBABU A/L ARUMUGAM

Applicant

SELVIE A/P MUNIANDY

Respondent

Procedural Posture

Civil – Land Dispute Regarding Private Caveat Under National Land Code / Interlocutory Application to Extend/maintain Private Caveat (application Decided)

  1. 1 Whether applicant has a caveatable interest in the property
  2. 2 Whether the private caveat should be extended/maintained pending determination of main issues
  3. 3 Whether the sale agreement was enforceable given failure to obtain required permission from the housing authority

Ratio Decidendi

Applicant's caveatable interest, founded on the sale agreement, was extinguished because the applicant failed to obtain the mandatory permission from the housing authority required by clause 1(a)1.1; the agreement was therefore not enforceable, the applicant failed to take steps to pursue or appeal that refusal, no serious issue remained to be tried on the caveat application, and the balance of convenience did not justify extending or maintaining the caveat; accordingly the application to maintain/extend the caveat was dismissed with costs.

Court Disposition

Applicant's interlocutory application to maintain/extend the private caveat dismissed

Orders

  • Application in Annexure 15 (interlocutory application to extend/maintain caveat) dismissed
  • Private caveat not extended and to be discharged/lapse