Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Bona fide purchaser without notice

Legal area

Court

5 Dec 2024

VIMALA A/P MARUTHAMUTHOO PAUL MONASH A/L NARAYANASAMY PENCELAH KAVITAH A/P VATHUMALAI

Citation

BA-24NCvC-1077-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-1077-05/2024 (Mahkamah Tinggi)

The proposed intervener failed to show a direct legal or proprietary interest in the property; her claims were at best pecuniary and inconsistent; under Order 15 r.6(2)(b) intervention is not justified where only monetary interest exists, therefore leave to intervene is refused and the application dismissed with costs of RM5,000.00.
6 Mar 2024

Mohamad @ Md Nor bin Zakaria 1. ) Nasarudin bin Zamin 2. ) Irphan bin Abd Aziz

Citation

DA-22NCvC-60-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-60-12/2020 (Mahkamah Tinggi)

The court found the sale agreement was valid and remained subsisting because time for payment was not 'of the essence', Defendant 1 failed to give the requisite notice or to return the deposit, and evidence did not prove Defendant 2 paid full consideration or acquired as a bona fide purchaser; accordingly specific performance was ordered compelling transfer to Plaintiff upon payment of the balance and costs were awarded to Plaintiff.