29 Jul 2024
SETIAKON ENGINEERING SDN. BHD. 1. ) MAK YAN TAI 2. ) MAK KHUM PHOI AMICUS CURIE MALAYSIAN BAR
- Citation
- 02(f)-55-09/2023(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-55-09/2023(W) (Mahkamah Persekutuan)
The Federal Court held that setting aside a judgment in default does not automatically annul or render void ab initio subsequently acquired registered titles where those third parties were not party to the setting‑aside proceedings; registered title remains presumptively indefeasible absent a pleaded and proved case of fraud, forgery or a void instrument under s.340, and a purchaser who conducted standard land registry searches, obtained the SPA and financed the purchase was a bona fide purchaser for value within the proviso to s.340(3).