28 Jun 2021
1. LEOW LAW TOONG (Suing in the capacity as Trustee of Chin Koong Tze Temple) 1. TAI SAN ENTERPRISES SDN. BHD. 2. CHAN HOR SAN 3. SOON LEE METAL SDN. BHD. 4. RHB BANK BERHAD 5. PENGARAH PEJABAT TANAH DAN GALIAN SELANGOR
- Citation
- WA-21NCVC-42-04/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21NCVC-42-04/2017 (Mahkamah Tinggi)
Court found the transfer to the 1st Defendant was obtained by forgery and was therefore defeasible; there was insufficient evidence that the 2nd Defendant acquired title in good faith so the title remained defeasible at that stage; the 3rd and 4th Defendants were bona fide subsequent purchasers for value without notice and therefore their registered title and charge became indefeasible under the proviso to s.340(3) NLC; the 5th Defendant (Land Registrar) failed to exercise reasonable care in registering the forged/defective instrument and did not act in good faith for purposes of s.22 NLC, an…