Malaysia Case Law: Decisions & Judgments

Topic

National land code provisions

Legal area

Court

17 Jan 2025

PUN CHAN THAI CHAI SHAN FOO

Citation

BA-24NCvC-2694-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-2694-11/2024 (Mahkamah Tinggi)

Plaintiff, although a beneficiary with locus standi to protect the deceased's estate, failed to demonstrate a present registrable (caveatable) interest in the land or a serious question to be tried because the registered title had been transferred to defendant in 2015 for consideration (RM700,000), registered and acted upon (payment of rates/taxes); hence the statutory and judicial tests for extending the private caveats under s326 NLC were not satisfied and the application for extension is dismissed.
4 Oct 2024

EEPS ENGINEERING SDN BHD MOHD MAZANI BIN TUGIMEN

Citation

BA-24NCvC-696-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-696-04/2024 (Mahkamah Tinggi)

The court found no concluded sale or present caveatable interest in favour of EEPS because the Letter of Offer did not culminate in a signed sale and purchase agreement binding both parties; the plaintiff validly terminated the offer in the circumstances and the defendant remained only a potential purchaser, therefore the caveat was unjustified and had to be removed and the claim for specific performance dismissed.
15 Jul 2022

3Q Resources (M) Sdn. Bhd. Solidwin Property Sdn.Bhd

Citation

P-02(NCvC)(A)-899-05/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

P-02(NCvC)(A)-899-05/2019 (Mahkamah Rayuan)

The Court of Appeal held the High Court erred in summarily striking out the appellant’s suit because the pleaded claims raised substantial triable issues of mixed law and fact (validity of shareholder mandate, compliance with an Order For Sale, bona fide purchaser status, applicability of s.340(4) NLC) which required a full trial; prior decisions relied upon by the High Court did not operate as res judicata given the Court of Appeal had earlier reversed and remitted aspects of those proceedings. Accordingly the striking-out and caveat-removal orders were set aside and the appeals allowed.
9 Jan 2022

DZAFRI BIN ENDAN MD SARIF BIN KADIYAT

Citation

JB-24NCVC-356-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-24NCVC-356-12/2020 (Mahkamah Tinggi)

Plaintiff lacked a caveatable interest and failed to prove on the balance of probabilities any contractual or proprietary right to the Defendant's undivided share; accordingly the private caveat was unjustified and must be removed, and Plaintiff is prohibited from lodging further caveats on Defendant's share; costs awarded to Defendant.
24 Aug 2021

Sri Muda Corner Holdings (M) Sdn Bhd Tan Sri Dato' Sri Ramasamy a/l Muthusamy

Citation

BA-24NCVC-1604-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCVC-1604-11/2019 (Mahkamah Tinggi)

The court found the Form 19B and statutory declaration showed only a monetary claim/security for a friendly loan and thus no caveatable interest existed; accordingly the caveat was removed under s327 NLC. The plaintiff was denied compensation under s329 because it failed to conduct the requisite land search before bidding and was therefore disentitled to damages.

Malaysia Case Law

PUN CHAN THAI CHAI SHAN FOO

EEPS ENGINEERING SDN BHD MOHD MAZANI BIN TUGIMEN

3Q Resources (M) Sdn. Bhd. Solidwin Property Sdn.Bhd

DZAFRI BIN ENDAN MD SARIF BIN KADIYAT

Sri Muda Corner Holdings (M) Sdn Bhd Tan Sri Dato' Sri Ramasamy a/l Muthusamy