20 Nov 2019
1. Yeo Ping Tieng 2. Biaxis Sdn Bhd 3. Public Bank Berhad Elitprop Sdn Bhd
- Citation
- 02(f)-127-11/2017 (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-127-11/2017 (Mahkamah Persekutuan)
The Federal Court held the Court of Appeal erred by failing to address and appreciate the High Court's factual findings of actual fraud; on the facts the respondent was party or privy to a fraudulent scheme and its registered title is defeasible under section 340(2)(a) NLC 1965. The first plaintiff, having paid the purchase price, had an equitable beneficial interest and is entitled to be registered as proprietor; the Court of Appeal's beneficial‑interest reasoning was legally wrong and the High Court judgment is reinstated (with one modification).