29 Jul 2025
Top ATC Industries Sdn Bhd Cheok Lam Chuan
- Citation
- N-01(NCvC)(W)-56-02/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- N-01(NCvC)(W)-56-02/2023 (Mahkamah Rayuan)
D5 and D6 were subsequent purchasers but failed to discharge the burden of proving they were bona fide purchasers for valuable consideration given the highly suspicious timing of transfers, absence of credible proof of payment and inadequate due diligence; therefore they are deprived of the shield of indefeasibility under the proviso to s.340(3) NLC. The High Court orders restoring title to the Plaintiff are affirmed except the award of aggravated damages, which was set aside for lack of pleading.