29 Jul 2025
Lee Kok Chian Cheok Lam Chuan
- Citation
- N-01(NCvC)(W)-52-02/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- N-01(NCvC)(W)-52-02/2023 (Mahkamah Rayuan)
D5 and D6 were subsequent purchasers but failed to discharge the burden of proving they were bona fide purchasers for valuable consideration because of suspicious transaction chronology, absence of credible proof of payment, D5's weak financial position and other irregularities; therefore the proviso to s.340(3) NLC did not protect their titles and the High Court orders setting aside the transfers and directing re-transfer were upheld; however the appellate court set aside the High Court's award of aggravated damages because such relief was not pleaded with particularity.