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.