Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Cancellation of caveat

Legal area

Court

20 Jul 2022

FUTURE LUB SDN BHD 1. ) TAN WEN CHEN @ LAU WEN CHEN 2. ) NG GEAK INN

Citation

JA-22NCvC-205-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-205-11/2019 (Mahkamah Tinggi)

The SPA was a contingent contract conditioned upon the registration of the 1st transfer within a fixed 7 + 7 month period; that contingency did not occur within the fixed time and time was of the essence, therefore under the law on contingent contracts (section 36 principle) the SPA became void; accordingly the plaintiff’s claim for specific performance failed and the defendants’ counterclaim succeeds.
27 Jun 2021

Yusop bin Salleh (No. K/P: 431019-01-5507/2967831) Mohd Syahrizal bin Saidon (No. K/P: 770131-01-5001)

Citation

JA-24NCvC-625-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-625-11/2020 (Mahkamah Tinggi)

Because the plaintiff had surrendered a copy of the title to the defendant as security for loans and the defendant produced documentary evidence establishing the loan and security arrangement, the defendant had a lawful interest under Sections 281 and 330 of the National Land Code to lodge the Caveat Pemegang Lien; therefore the plaintiff's application (Lampiran 6) to cancel the caveat was dismissed and costs were awarded to the defendant.