Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Immediate purchaser

  • 28 Dec 2023

    BAYU EMAS PROPERTY ASSETS SDN BHD 1. ) BEH SUI LOON 2. ) BEH SUI LIP

    Citation
    WA-24NCvC-2226-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24NCvC-2226-06/2023 (Mahkamah Tinggi)

    The originating summons is dismissed because the Court of Appeal had already affirmed the High Court finding that the deceased is the lawful registered owner and that the 2009 and 2019 SPAs were tainted by fraud and void ab initio; the plaintiff is an immediate purchaser whose defeasible title was defeated and therefore cannot claim registration, and the claim is barred by res judicata and stare decisis.

  • 28 Dec 2023

    BAYU EMAS PROPERTY ASSETS SDN BHD 1. ) BEH SUI LOON 2. ) BEH SUI LIP

    Citation
    WA-24NCvC-2226-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24NCvC-2226-06/2023 (Mahkamah Tinggi)

    The originating summons is dismissed because the issues and title were conclusively adjudicated by the Court of Appeal which affirmed the High Court's findings that the deceased is the true registered owner and that the 2009 and 2019 SPAs were null and void due to fraud by Murugesu; the Plaintiff as an immediate purchaser is not entitled to indefeasibility under s340(3) NLC and res judicata and stare decisis bar re-litigation; costs of RM30,000 awarded to Defendants.