TAN POH YEE 1. ) TAN BOON THIEN 2. ) TAN KIM CHOO @ TAN KIM CHOON 3. ) PENDAFTAR HAKMILIK NEGERI SELANGOR

TAN POH YEE 1. ) TAN BOON THIEN 2. ) TAN KIM CHOO @ TAN KIM CHOON 3. ) PENDAFTAR HAKMILIK NEGERI SELANGOR

Court found bona fide serious issues requiring trial on the validity of the Deeds of Assignment and alleged fraudulent transfers, concluded damages may be inadequate and the balance of convenience favoured preserving the status quo; accordingly interim injunctions (prayers 1-3) were granted against the First Defendant pending full trial and costs were ordered in the cause.

Citation
WA-22NCvC-294-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Tan Poh Yee; First Defendant: Tan Boon Thien; Second Defendant: Harta Pusaka Tan Kim Choo @ Tan Kim Choon (acting through Administrator Pendente Lite Lim Tian Huat); Third Defendant: Pendaftar Hakmilik Negeri Selangor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 May 2023
Case Number
WA-22NCvC-294-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Interim Injunction Application in Suit Concerning Property/assignment / Interlocutory Interim Injunction Granted Pending Full Trial
Outcome
Interim injunction granted against First Defendant (partial relief); costs in the cause
Legal Topics
Interim Injunction, Fraudulent Transfer, Deed of Assignment, Developer Consent Under HDA 1966 S.22 D, Caveat, Specific Performance, Mental Capacity Inquiry (mental Health Act)
Source Language
Malay/English
Property/land Law Injunctions and Equitable Relief Contract Law Statutory Housing Law Capacity/mental Health and Estate Administration Interim Injunction Fraudulent Transfer Deed of Assignment +4 more

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Parties

Tan Poh Yee

Plaintiff

Tan Boon Thien

First Defendant

Harta Pusaka Tan Kim Choo @ Tan Kim Choon (acting through Administrator Pendente Lite Lim Tian Huat)

Second Defendant

Pendaftar Hakmilik Negeri Selangor

Third Defendant

Procedural Posture

Civil Interim Injunction Application in Suit Concerning Property/assignment / Interlocutory Interim Injunction Granted Pending Full Trial

Legal Issues

  1. 1 Whether there are serious issues to be tried regarding validity of two Deeds of Assignment and alleged fraudulent transfers
  2. 2 Whether damages would be an adequate remedy
  3. 3 Where the balance of convenience lies between preserving status quo and potential injustice to defendant

Ratio Decidendi

Court found bona fide serious issues requiring trial on the validity of the Deeds of Assignment and alleged fraudulent transfers, concluded damages may be inadequate and the balance of convenience favoured preserving the status quo; accordingly interim injunctions (prayers 1-3) were granted against the First Defendant pending full trial and costs were ordered in the cause.

Court Disposition

Interim injunction granted against First Defendant (partial relief); costs in the cause

Orders

  • Interim injunction restraining the First Defendant from any dealings or disposal in any manner whatsoever of the properties listed in Schedule A pending disposal of the substantive proceedings
  • Interim injunction restraining the First Defendant from effecting collection of any rental from KO Dynamic Auto Sdn Bhd (the Tenant) or any other tenant and restraining the First Defendant from evicting or interfering with the Tenant's rights under the Tenancy Agreement dated 25.10.2017 pending disposal of the...