18 Jul 2024
KANG HOCK HIN VASANTHI A/P R ANNAMALAI
- Citation
- J-02(NCvC)(A)-2075-11/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- J-02(NCvC)(A)-2075-11/2022 (Mahkamah Rayuan)
Clause 3 of the Consent Order must be read within its four corners and is unworkable if read to require the Appellant personally to withdraw private caveats; on the facts both private caveats were effectively cancelled (one withdrawn by the caveator and one removed under s.326 NLC by the Company), there was no proven unjust enrichment or deceitful conduct on the evidence before trial, and the High Court erred in granting declaratory reliefs against a non‑party Company and in granting hypothetical/premature declarations; accordingly the appeal was allowed.