Malaysia Case Law: Decisions & Judgments

Topic

Caveat removal

Legal area

Court

11 Mar 2026

MUTIARA TRANSMISSION & DISTRIBUTION SDN. BHD. (sebelum ini dikenali sebagai Tunas Mayang (Johor) Sdn. Bhd.) 1. ) HIAP AIK CONSTRUCTION BERHAD (dalam likuidasi sukarela) 2. ) SATHIEA SEELEAN A/L MANICKAM (didakwa dalam kapasiti sebagai Pelik

Citation

JA-22NCvC-164-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-164-10/2022 (Mahkamah Tinggi)

On the balance of probabilities the Plaintiff settled the RM310,000 purchase price by a multi‑party contra arrangement, executed the SPA recording full payment, took continuous possession and had Form 14A executed in its favour; those facts confer an equitable beneficial interest on the Plaintiff and the Defendants had no caveatable interest, therefore the caveat was wrongfully lodged and must be removed and damages under s329 NLC awarded (quantum to be assessed).
28 Oct 2025

1. ) Lee Chee Boon 2. ) Tang Ser Chiew 3. ) JOHN HENRY LOUIS 4. ) MESSRS JOHN & ASSOCIATES 1. ) Ooh Tong Hai 2. ) Goh Hui Li 3. ) Hee Yan Choong 4. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 5. ) PENGARAH TANAH DAN GALIAN SELANGOR 6. ) SAHILA BIN

Citation

P-01(NCvC)(W)-481-07/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

P-01(NCvC)(W)-481-07/2022 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: the Selangor Land Office and its officers were negligent and breached mandatory duties under the NLC in the safekeeping and issuance of security paper/IDTs and in processing a forged Form 19G, and their negligence was the effective cause of Ooh & Goh's loss; s.22 immunity did not apply where there was gross negligence/not in good faith; Lee, John and John & Associates perpetrated fraud, forgery and conspiracy such that the transfer and registered title were defeasible under s.340(2) NLC; therefore the High Court orders setting aside title, awarding…
28 Aug 2025

CIMB BANK BERHAD THIYAGARAJAN A/L MPL YEGAPPAN

Citation

KA-24NCvC-94-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

KA-24NCvC-94-03/2025 (Mahkamah Tinggi)

On the balance of probabilities the Defendant was declared a vexatious litigant in respect of all matters concerning the charged land because he habitually and persistently instituted multiple, repetitive and baseless proceedings that obstructed the Plaintiff's rights as chargee; many actions were commenced without the prior sanction of the Director General of Insolvency as required by s38(1)(a), satisfying the Tan Boon Huat three-limb test and justifying the restraint and ancillary orders granted.
4 Jul 2025

VILA MEKAR SDN. BHD. WONG YIE DEE

Citation

Q-02(NCvC)(W)-104-01/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

Q-02(NCvC)(W)-104-01/2022 (Mahkamah Rayuan)

The Court allowed the appeal, holding that the respondent had acquiesced to initial delay but subsequently breached the SPA and terminated the essential BPP loan, thereby rendering specific performance inequitable; the High Court erred in deciding an unpleaded assignment issue and in failing to apply estoppel and draw adverse inference under s114(g); the respondent's caveat was to be removed and the High Court orders set aside.
7 May 2025

Lew Wan Nee Lim Ah Hock

Citation

KA-22NCvC-10-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-10-02/2020 (Mahkamah Tinggi)

On the balance of probabilities the written PJB was a sham and in substance a loan secured by the property; because the defendant was an unlicensed moneylender under the Moneylenders Act 1951 the loan and related instruments (PJB and SKW) are unenforceable and void ab initio; therefore the court granted a declaration of invalidity, ordered removal of the defendant's caveat and return of the original title to the plaintiff, dismissed the plaintiff's claim for assessment of damages for breach of the PJB, and awarded costs of RM5,000 to the plaintiff.
12 Feb 2025

Afzal Nizaam Bin Mohd Firdawos [Selaku Pentadbir Harta Pusaka Mohd Firdawos Bin Shaharudin, (No. K/p: 530423-10-5647), Si Mati] Pustaka Alif Shafri Bin Shaharuddin (No. K/p: 660427-10-7709) (Si Mati) [Melalui Pentadbirnya, Herlina Binti Yaa

Citation

BA-22NCvC-117-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-117-03/2023 (Mahkamah Tinggi)

On the balance of probabilities the recorded family conversation established a collateral agreement and clear intention by Alif to allocate one half of the sale proceeds to his brother Mohd Firdawos; a constructive trust therefore arose in favour of the estate of Mohd Firdawos notwithstanding the earlier partition order. The handwritten note lacked sufficient authentication and was given little weight. Consequently declaratory relief recognizing Alif (and his administrator/heirs) as trustee for half the disputed land/proceeds was granted and the defendant's counterclaim to remove the caveat s…
25 Jun 2024

TG INTAN BAIDURAH BT TENGKU ABDULLAH 1. ) Raja Hamid Bin Raja Kassim 2. ) Pentadbir Tanah Daerah Kuala Langat

Citation

BA-22NCvC-254-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-254-07/2020 (Mahkamah Tinggi)

Plaintiff failed to prove actual fraud that induced the 6.4.2010 judgment as required by s.44 Evidence Act; her challenge is also barred by laches/unreasonable delay and the claim to enforce the SPA is time‑barred under s.9 Limitation Act; accordingly the plaintiff's claim to set aside the judgment and to enforce the SPA is dismissed and the 1st Defendant’s counterclaim is not established.
7 Dec 2023

LEOPAD HOLDINGS SDN BHD Asian Shield Warehousing Sdn Bhd

Citation

B-02(NCvC)(W)-305-02/2020 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-305-02/2020 (Mahkamah Rayuan)

Court held Respondent had locus standi; the original DGI sanction dated 21 Oct 2016 was sufficient; the Agreement was effectively at an end such that rent and restitutionary liability arose on termination/commencement of proceedings and rent is payable from 1 November 2016; High Court awards for monthly rent and continuing charges required reassessment, and orders were varied accordingly with reassessment by a sole court-appointed valuer and adjustment of charges to commence from 1 November 2016; Appellant's counterclaim for loss of use was unproved.
1 Dec 2022

8 BAYVIEW (M) SDN BHD ANG SWEE KIONG

Citation

JA-24NCvC-594-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-594-07/2022 (Mahkamah Tinggi)

Defendant failed to discharge the onus of proving a caveatable interest or raise a serious question to be tried; accordingly the balance of convenience favoured removing Private Caveat No. 47999/2019 and the court ordered its removal.
12 Aug 2022

Tan Sook Fuen Lim Tiew Sin

Citation

WA-22NCvC-310-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-310-06/2020 (Mahkamah Tinggi)

On the balance of probabilities the totality of pre-contractual and post-contractual conduct (payment of full purchase price before execution, absence of searches, no possession, delayed enforcement and caveat, earlier funding arrangements and repayment evidence RM638,000) established a common intention that the Sale and Purchase Agreement was a sham securing a loan; the transaction therefore contravened the Moneylenders Act and Contracts Act and is unenforceable; plaintiff had no caveatable interest and caveat must be removed.