Malaysia Case Law: Decisions & Judgments

Topic

Caveats

Legal area

Court

17 Jul 2025

1. ) SING FOONG NIAP SDN BHD 2. ) SING FOONG NIAP ENGINEERING SDN BHD GEM IN PROPERTY MANAGEMENT SDN BHD

Citation

BA-22NCC-3-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-3-01/2024 (Mahkamah Tinggi)

Joinder of Sing Foong Niap Engineering was permitted because its payments, financing and redemption dealings were directly connected to the SPA and its presence was necessary for effectual and complete adjudication under Order 15; consequential amendments under Order 20 were bona fide and did not change the character of the suit; the Defendant failed to demonstrate a strong and clear case or exceptional circumstances for an interlocutory mandatory injunction and the balance of convenience and adequacy of damages favoured refusing the injunction.
3 Dec 2024

TEONG PEEK MENG ONG CHUN KIM

Citation

AA-24NCvC-287-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24NCvC-287-06/2024 (Mahkamah Tinggi)

Defendant, as an intestate beneficiary, did not possess a registrable or proprietary interest in the land prior to full administration and had executed a 2003 renunciation; she failed to adduce evidence to raise a serious question (forgery) meriting trial; the balance of convenience favoured plaintiff. Therefore the private caveat was unjustified and must be removed.
31 May 2024

MA JOSEPH CAPITAL SDN BHD 1. ) PANNIRSELVAM A/L MANNAR 2. ) UZINANI BINTI MOHD SANI (kedua-duanya beramal sebagai Tetuan Nurliny, Pannir Mannar & Co, Peguambela & Peguamcara) 3. ) EI KIAN SEONG

Citation

BA-22NCvC-502-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-502-10/2018 (Mahkamah Tinggi)

On the evidence and authorities the court found the 16 transactions to be genuine sale and purchase transactions with valid Options to Purchase; the plaintiffs' claims framed under criminal provisions of the Moneylending Act 1951 and disciplinary provisions of the Legal Profession Act 1976 were misconceived and not enforceable in civil proceedings; plaintiffs failed to prove payments were loans or interest; adverse inference was drawn for failure to call key witnesses; accordingly plaintiffs' claims were dismissed and defendants' counterclaims were allowed with costs and interest while damage…
15 Nov 2023

TAN SENG GUAN 1. ) TAN BEE KEOW 2. ) Tan Bee Keow Di Dalam Kapasitinya Sebagai Wasi Dan Pemegang Amanah Kepada Harta Pusaka Si Mati, Tan Kok Bin (No. K/p: 410417-01-5251) Yang Dinamakan Di Dalam Wasiat Bertulis Yang Didakwa Wasiat Dan Testa

Citation

JA-22NCvC-90-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-90-06/2022 (Mahkamah Tinggi)

Application (Lampiran 7) dismissed because the proposed terms were coercive and imposed an ultimatum forcing the plaintiff into an administrative role not sought in his pleadings, included onerous conditions (withdrawal of caveats, mandatory full accounts) and would not resolve the core substantive disputes; therefore the court declined to exercise its discretion under O.72 r.15 to approve the package.
21 Jul 2023

N. Vasantha Rajan A/L Nagarajan Wasi Harta Pusaka N. Arumugam Pillai alias N.T.S Arumugam Pillai son of Nagappa Pillai 1. ) YEOH SOON PENG 2. ) Pusparajan A/l N. Arumugam Pillai

Citation

PA-22NCVC-212-11/2016 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-212-11/2016 (Mahkamah Tinggi)

The application to stay was dismissed because the plaintiff failed to demonstrate special circumstances: a successful Order 33 appeal would not be rendered nugatory by proceeding to trial, the risk of inconsistent outcomes was speculative and unlikely, the mere merit of an appeal does not justify a stay, and the plaintiff's purported prejudice from incurring time and costs was self‑inflicted; conversely, a stay would prejudice the defendant by further delaying trial of a 2016 suit. Accordingly, discretion to refuse stay was properly exercised and costs were awarded against the plaintiff.
3 Sept 2020

1. TAN AH BOH @ TAN LIAN KOON 2. TAN LIN HOCK @ TAN LIAN HOCK 3. TAN TONG CHIN 4. TAN THONG KOOI 5. TAN TONG GUAN 6. TAN TONG TEK 1. TAN LIAN HOO 2. TAN LIAN KERN

Citation

JA-36-2-03/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-36-2-03/2018 (Mahkamah Tinggi)

The application was dismissed because the writ of seizure and sale was a consequence of an earlier, final order (enclosure 7 allowed 17 January 2019) made after substitution of representatives; the issues raised by the defendant had already been litigated and were barred by res judicata; the repeated applications constituted an abuse of process intended to frustrate enforcement of a long-standing unpaid judgment; accordingly the defendant had not come to court with clean hands and the application was dismissed with costs.
ABDUL RAHIM SHARIFF v MUSTAFFA JUNID

Citation

ABDUL RAHIM SHARIFF v MUSTAFFA JUNID
Court

Malaysian court

Because Mustaffa was not the administrator of his father's estate at the material time he had no legal interest recognised by law and therefore no locus to present a claim under s.53(1); the Deputy Commissioner's inquiry and vesting order based on that claim were void for want of jurisdiction; non-personal service of Form F did not breach natural justice in the circumstances; accordingly the void order may be set aside and the Registrar ordered to expunge entries under s.340(2)(c).
KENG SOON FINANCE BHD. V. MK RETNAM HOLDINGS SDN. BHD.; BHAGAT SINGH SURAIN SINGH & ORS. (INTERVENERS)

Citation

KENG SOON FINANCE BHD. V. MK RETNAM HOLDINGS SDN. BHD.; BHAGAT SINGH SURAIN SINGH & ORS. (INTERVENERS)
Court

Malaysian court

The registered charge was void ab initio because it was created in furtherance of an unlicensed housing development contrary to the HDA 1966; the plaintiff had notice of purchasers' rights and participated in the unlawful transaction; registration could not confer a valid charge where the underlying instrument was void under National Land Code s.340(2)(b); accordingly the court must refuse the order for sale, cancel the memorials of the void charges and transfer titles to the interveners.