12 Nov 2024
CHAMPION SCORE SDN BHD MOHD SOBRI CHEW BIN ABDULLAH
- Citation
- P-02(NCvC)(W)-2249-12/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- P-02(NCvC)(W)-2249-12/2022 (Mahkamah Rayuan)
The Court held that the proprietor and developer were bare trustees after the purchaser paid the full price and the irrevocable power of attorney did not authorize charging subdivided titles already sold; the charge was created by an insufficient/void instrument within s 340(2)(b) NLC and was therefore defeasible and liable to be set aside; HDA/Regulation protections and public policy favour the purchaser's equitable interest over the registered charge.