Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Partition under s.145 nlc

Legal area

Court

26 Jul 2024

1. ) LAU LEN QUAN 2. ) LAU SOOK HAR 3. ) LAU SOOK LANG 4. ) PEARLY TIM LAU SOOK CHIN

Citation

NA-24NCvC-643-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

NA-24NCvC-643-12/2023 (Mahkamah Tinggi)

Plaintiffs' originating summons dismissed because they failed to establish the statutory preconditions to invoke s.145 NLC (no evidence of prior request for partition or refusal and no partition plans), and, independently, the court exercised its discretion to refuse a sale on humanitarian grounds given the occupier's serious medical condition and lack of alternative accommodation; therefore relief under s.145 is denied.
9 Mar 2022

SHYAMALA A/P M. SHANMUGANATHAN (NO.K/P: 560114-10-6264) 1. KO BOON LEOANG (NO. K/P: 521028-08-5477) 2. PENGARAH TANAH DAN GALIAN PAHANG

Citation

CB-24NCVC-63-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-24NCVC-63-07/2021 (Mahkamah Tinggi)

The court found the disputed points could be addressed by the affidavits and documents on file and therefore conversion to a writ was unnecessary; the parties consented to treat all filed affidavits as pleadings and to maintain the action as an originating summons, with costs in the cause; court recorded that approach and disposed of the interlocutory application by consent.