24 Aug 2020
THIANO LIMO HOLDING SDN BHD NG KWOK WENG & 8 LAGI
- Citation
- W-01(NCVC)(W)-89-03/2016 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-01(NCVC)(W)-89-03/2016 (Mahkamah Rayuan)
The Court of Appeal held the appellant is to be treated as an immediate purchaser because the fraudster had been registered as proprietor and therefore the proviso to s.340(3) NLC does not apply; accordingly the appellant's registered title is defeasible and liable to be set aside; Kamarulzaman was correctly applied; the learned judge’s restriction limiting damages assessment to purchase price and incidental costs was set aside and the Registrar is to assess damages more broadly.