Malaysia Case Law: Decisions & Judgments

Topic

Power of attorney (irrevocable)

Legal area

Court

19 Apr 2023

VADIVELU A/L THANKAVELOO XXXX

Citation

BA-22NCvC-136-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-136-03/2021 (Mahkamah Tinggi)

On the balance of probabilities the court accepted the contemporaneous deed of trust (P1/P3) and power of attorney (P2) together with plaintiff's long occupation and payment as creating an equitable proprietary interest and constructive trust in favour of the plaintiff; contemporaneous documents and attesting solicitor testimony outweighed the later non-contemporaneous PA (D4); relief granted including declaration of beneficial ownership, injunction, order to transfer and costs.
7 Feb 2023

1. ) MLGH (Sabah) Sdn Bhd 2. ) The State Government of Sabah Rainbow Bay Sdn Bhd

Citation

S-01(NCvC)(W)-163-04/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

S-01(NCvC)(W)-163-04/2019 (Mahkamah Rayuan)

The Court held there was no fundamental breach by MLGH in failing to deliver the 150-acre title; performance of the JVA/SA was legally impossible and therefore frustrated by (i) the rejection of the DEIA Final Report and (ii) the subsequent s9A amendment to the Sabah Land Ordinance prohibiting alienation of the affected land; frustration was not self-induced by the State; the State was not liable for inducement; relief is governed by Civil Law Act s15 and limited to proven expenses/benefits prior to discharge, leading to an award of RM6,355,371.00 to the Developer against MLGH with interest.
14 Jul 2022

1. ) SAM PAK SANG 2. ) Lai Wing Ping 3. ) Loke Heng Kwong 4. ) Yee Lian Guey 1. ) Lai Wing Ping 2. ) Loke Heng Kwong 3. ) YEE SHIAO WEI 4. ) Tang Chee Kien 5. ) MOHD AZMAN BIN GHAZALI 6. ) PENTADBIR TANAH DAN JAJAHAN GUA MUSANG 7. ) PENDAFT

Citation

DA-21NCvC-12-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-21NCvC-12-08/2019 (Mahkamah Tinggi)

Court held the 6/2/2013 Sale & Purchase Agreement and the contemporaneous Power of Attorney (P5) were valid and binding; plaintiffs having paid full price became beneficial owners (vendor a bare trustee); the later Power of Attorney (P19) and the Form14A/transfer (P9/Perserahan 208/2016) were invalid/insufficient; Defendants 3 and 4 failed to establish bona fide purchaser protection under s340 NLC; public officers (Def5-7) acted negligently in assessing stamp duty and registering an insufficient instrument; remedies including declarations, cancellation of the registered transfer, damages (to…

Malaysia Case Law

VADIVELU A/L THANKAVELOO XXXX

1. ) MLGH (Sabah) Sdn Bhd 2. ) The State Government of Sabah Rainbow Bay Sdn Bhd

1. ) SAM PAK SANG 2. ) Lai Wing Ping 3. ) Loke Heng Kwong 4. ) Yee Lian Guey 1. ) Lai Wing Ping 2. ) Loke Heng Kwong 3. ) YEE SHIAO WEI 4. ) Tang Chee Kien 5. ) MOHD AZMAN BIN GHAZALI 6. ) PENTADBIR TANAH DAN JAJAHAN GUA MUSANG 7. ) PENDAFT