22 Apr 2021
1. ) 1. See Leong Chye @ Sze Leong Chye 2. See Ewe Lin 2. ) United Overseas Bank (Malaysia) Berhad 1. ) United Overseas Bank (Malaysia) Berhad 2. ) 1. Kum Hoi Engineering Industries Sdn Bhd 2. Heveaplast Marketing Sdn. Bhd.
- Citation
- 01(f)-5-02/2017(B) Didengar Bersama 02(f)-8-02/2017(B) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 01(f)-5-02/2017(B) Didengar Bersama 02(f)-8-02/2017(B) (Mahkamah Persekutuan)
The Federal Court held that on the established facts Heveaplast was the immediate purchaser and created the UOB charges after Heveaplast's registration; UOB therefore was a subsequent purchaser whose charge is protected by the proviso to s 340(3) of the National Land Code 1965 because there was no evidence UOB lacked good faith or valuable consideration. The Court of Appeal correctly implied a term into the UOB undertaking (business efficacy/officious bystander) that the undertaking only takes effect if the transfer enabling registration could occur; accordingly UOB's appeal and the See broth…