Malaysia Case Law: Decisions & Judgments

Topic

Private caveats

Legal area

Court

25 Jul 2023

Teminsri Construction Sdn Bhd Central Spectrum (M) Sdn Bhd

Citation

BA-24NCvC-510-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-510-03/2023 (Mahkamah Tinggi)

The ad interim extension lapsed automatically on 12.4.2023 due to Applicant's failure to pay the required security; the court therefore ordered the Applicant to notify the Registrar of Titles and to provide documentary proof of cancellation of the 19 caveats, awarded costs to the Respondent (RM40,000 subject to alocatur), and granted the Respondent liberty to pursue a separate action to claim damages if any.
21 Feb 2023

LAMAN REALITI SDN BHD RIMAU INDAH SDN BHD

Citation

WA-28PW-402-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-402-08/2022 (Mahkamah Tinggi)

The application for leave was dismissed because the applicant failed to show a prima facie case and was bound by the unappealed and unset aside orders in Suit 709; the doctrine of res judicata/issue estoppel applied to bar relitigation of the same facts; the applicant is not a registered proprietor and therefore cannot claim indefeasibility under section 340 NLC; accordingly leave was refused and costs awarded.
3 Feb 2020

TAN BON KIAT (No. K/P: 480521-01-5685) 1. WISDOM FOUNTAIN SDN BHD (NO.SYARIKAT: 1026485-K) 2. INDRA A/P LECHANAM (NO.K/P: 850620-01-6240) 3. BANDARI SIMMA REALTY SDN BHD (NO.SYARIKAT: 936685-H)

Citation

JA-24NCVC-383-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCVC-383-06/2019 (Mahkamah Tinggi)

The caveats were removed because the First Defendant's claim was essentially monetary and did not establish a caveatable proprietary interest, the Defendants failed to rebut the plaintiff's affidavit particulars (deemed admissions), and the First and Third Defendants agreed to withdraw their caveats; plaintiff entitled to damages to be assessed and costs were awarded.

Malaysia Case Law

Teminsri Construction Sdn Bhd Central Spectrum (M) Sdn Bhd

LAMAN REALITI SDN BHD RIMAU INDAH SDN BHD

TAN BON KIAT (No. K/P: 480521-01-5685) 1. WISDOM FOUNTAIN SDN BHD (NO.SYARIKAT: 1026485-K) 2. INDRA A/P LECHANAM (NO.K/P: 850620-01-6240) 3. BANDARI SIMMA REALTY SDN BHD (NO.SYARIKAT: 936685-H)