Malaysia Case Law: Decisions & Judgments

Topic

Section 327 nlc

Legal area

Court

2 Apr 2026

LIAN HOCK HARDWARE SDN. BHD. G-MART CORPORATION SDN. BHD.

Citation

JA-24NCvC-82-01/2026 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-82-01/2026 (Mahkamah Tinggi)

Defendant established a prima facie equitable interest arising from the Sale and Purchase Agreement (deposit paid and substantive steps taken); a bona fide substantive dispute exists over validity of the SPA that requires full trial; balancing the justice and risk of irreparable prejudice favors maintaining the caveat pending determination of the substantive action; accordingly plaintiff's application under Section 327 NLC to cancel the caveat is dismissed and the caveat remains in force, with costs awarded to defendant.
14 Jan 2022

JAYA A/P I.N. GOPAL (NRIC NO. 570923-08-5394/5262791) KAMALA A/P VENGADASALAM (NRIC NO. 550724-08-5908)

Citation

AA-24NCvC-192-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24NCvC-192-07/2021 (Mahkamah Tinggi)

The transfer to the deceased was an outright gift with no declaration of trust and the defendant failed to demonstrate certainty of beneficiaries or intention; she did not raise a serious question to be tried and, critically, failed to bring and prosecute proceedings timeously; on balance of convenience the caveat should be removed and costs awarded to the plaintiff.
30 Aug 2021

Ng Bee Lin Ekowood International Berhad Ekowood Malaysia Sdn Bhd

Citation

BA-24NCVC-556-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCVC-556-04/2021 (Mahkamah Tinggi)

The Settlement Cum Collateral Agreements were Tomlin‑type contractual arrangements that did not create a registrable proprietary interest in the subject property; defendants lacked authority from the co‑proprietor to encumber the whole property; plaintiff was a bona fide purchaser for value without notice and thus aggrieved under s 327 NLC; accordingly the defendants' private caveats were wrongful and were removed, with costs assessed at RM5,000.
5 Feb 2021

KOPERASI PEKERJA JAYA BERHAD PIONEER HOLDINGS SDN BHD

Citation

AA-24NCVC-441-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24NCVC-441-12/2020 (Mahkamah Tinggi)

Defendant failed to file any affidavit and did not prosecute any proceedings timeously to enforce the alleged interest; consequently the Defendant's claim did not present a serious question meriting trial in circumstances where the balance of convenience favoured the Plaintiff; therefore the private caveats were removed and the Defendant ordered to pay damages under section 329 and costs to be assessed.

Malaysia Case Law

LIAN HOCK HARDWARE SDN. BHD. G-MART CORPORATION SDN. BHD.

JAYA A/P I.N. GOPAL (NRIC NO. 570923-08-5394/5262791) KAMALA A/P VENGADASALAM (NRIC NO. 550724-08-5908)

Ng Bee Lin Ekowood International Berhad Ekowood Malaysia Sdn Bhd

KOPERASI PEKERJA JAYA BERHAD PIONEER HOLDINGS SDN BHD