25 Sept 2023
MALAYAN BANKING BERHAD 1. ) Mohd Affandi Bin Ahmad 2. ) Aminah Binti Ahmad
- Citation
- J-02(NCvC)(W)-452-03/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- J-02(NCvC)(W)-452-03/2022 (Mahkamah Rayuan)
Court affirmed High Court: SPAs between deceased and vendor were valid and vendor holds Lots 97 and 716 on constructive trust for the estate; the 2nd Defendant was an immediate purchaser from the same vendor (competing equitable/beneficial interest) and not a protected subsequent purchaser under deferred indefeasibility; the Bank failed to prove bona fide purchaser for value because it did not perform adequate due diligence (no proof of payment by 2nd Defendant, no valuation/site verification), therefore its registered charges are defeasible and set aside.