Malaysia Case Law: Decisions & Judgments

Topic

Power of attorney validity

Legal area

Court

3 Feb 2023

MOHD NAJID BIN YUSOF 1. ) MAK OFFSHORE SDN BHD 2. ) Maliami Bin Hamad 3. ) Mohammad Fauzi Bin Hamad

Citation

BA-22NCvC-311-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-311-06/2018 (Mahkamah Tinggi)

The SPA was a sham created to disguise a loan; the Power of Attorney was defective and void for describing the wrong parcel, therefore the transfer from plaintiff to the 1st defendant was invalid under s340(2)(b) NLC; as a result the transfers to the 2nd and 3rd defendants were tainted, the 2nd and 3rd defendants were not entitled to protection as bona fide subsequent purchasers (or were immediate purchasers), and the plaintiff's claim to recover the land succeeds in part; the defendant counterclaim for trespass is dismissed.
25 Mar 2022

1. ) RAHIMAH BINTI MOHD NOOR 2. ) NIK RAM ZAELAN BIN NIK YUSOFF 3. ) NIK RAM ZAEDI BIN NIK YUSOFF 4. ) NIK RUS MAZENI BINTI NIK YUSOFF 1. ) XXXX 2. ) CHAN NYAT SING 3. ) CHAN NAM TING 4. ) KOAY BOON WAN 5. ) KOH KIM PEK 6. ) MAYSIE LONG 7.

Citation

22NCVC-309-04/2013 (Mahkamah Tinggi)
Court

High Court
Case number

22NCVC-309-04/2013 (Mahkamah Tinggi)

On the balance of probabilities the court found the Power of Attorney was obtained and used in furtherance of a fraudulent scheme, the SPA and MOT were executed by persons who lacked authority (directors had resigned) and thus were void; registration does not validate a void/forged instrument and under s340(2) NLC the immediate titles acquired are defeasible for fraud/void instruments; accordingly transfers to Defendants 6 and 7 are set aside, registrations cancelled and original title to be returned to plaintiffs; defendants’ broader counterclaims are largely dismissed though limited counter…
12 Dec 2021

1. HENG CHEW LANG 2. HENG XUANFANG 3. LEE YIHUI (All of whom have the address for service at Parit Unas Laut, 84150 Muar, Johore) 1. HENG CHOON WAH No. 159, Bukit Gambir, 84800 Tangkak, Johore. 2. HENG HER LANG Parit Unas Laut, Parit Jawa,

Citation

JB-22NCVC-64-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-64-09/2019 (Mahkamah Tinggi)

Court found Plaintiffs established a good arguable case, proved assets within jurisdiction and real risk of dissipation of assets/proceeds valued at RM1,713,400 and therefore granted Mareva relief freezing assets and bank accounts up to RM1,713,400; the court exercised discretion not to require an undertaking as to damages in the circumstances.
27 Jan 2021

Sunitha Madhu 1. Palayam a/l Nagappan 2. Tersaim Lall a/l Sadhu Ram 3. Wonderful Century Properties Sdn Bhd

Citation

BA-22NCvC-114/03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-114/03/2020 (Mahkamah Tinggi)

The court found the plaintiff knew of the Power of Attorney by 10.11.2003 (statutory declaration in support of caveat) and with reasonable diligence the alleged fraud could have been discovered then; therefore the cause of action to challenge the Power of Attorney accrued on or about 10.11.2003 and the suit filed on 19.3.2020 is time-barred under the Limitation Act 1950 s29; because the Power of Attorney remains effective until set aside, the plaintiff's pleaded causes lack legal foundation and the action is frivolous/vexatious and must be struck out under Order 18 r.19 Rules of Court 2012.
10 Jan 2021

1. HENG CHEW LANG (NO. NRIC: XXXXXX-XX-XXXX) 2. HENG XUANFANG (NO. NRIC: XXXXXX-XX-XXXX) 3. LEE YIHUI (NO. NRIC: XXXXXX-XX-XXXX) (All of whom has the address for service at Parit Unas Laut, 84150 Muar, Johore.) 1. HENG CHOON WAH (NO. NRIC:

Citation

JB-22NCVC-64-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCVC-64-09/2019 (Mahkamah Tinggi)

The striking out application (Enclosure 46) was dismissed. The court applied the well‑established tests for Order 18 r.19 and concluded this was not a plain and obvious case of an unsustainable claim nor a case warranting the draconian remedy of strike out at interlocutory stage. The matters raised in the injunction application involve serious questions to be tried and are inappropriate for summary disposal; striking out paragraphs of an injunction application is not the proper remedy. Costs were ordered in the cause and parties were invited to file further submissions on Enclosures 22 and 48…
1 Oct 2020

Abd Rahman Bin Soltan & 3 Lagi Federal Land Development Authority & 1 Lagi

Citation

WA-22NCVC-843-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-843-11/2019 (Mahkamah Tinggi)

As a non‑party to the arbitration agreement FELDA satisfied the lower threshold for an anti‑arbitration injunction by showing serious issues to be tried (notably the alleged invalidity of the Development Agreement for lack of Ministerial approval and the potential nullity of dependent instruments), that the balance of convenience favored restraining arbitration because arbitration would affect FELDA’s proprietary rights and risk inconsistent findings and multiplicity of proceedings, and that damages would be inadequate given SPSB’s inability to demonstrate capacity to pay. Accordingly the cou…
27 Mar 2019

1. PENTADBIR-PENTADBIR HARTA PUSAKA IMRAN HADZALIE BIN ABDUL HAMID 2. AHMAD AIDY BIN TALIB NAZARUDDIN BIN MOHD SHARIFF @ MASARI & 6 LAGI

Citation

B-02(NCVC)(W)-24-01/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

B-02(NCVC)(W)-24-01/2018 (Mahkamah Rayuan)

Appeal allowed because plaintiffs failed to prove fraud or conspiracy against appellants and could not invoke s.29 to postpone limitation given the 2nd plaintiff's knowledge of the 1995 transactions; plaintiffs also failed to prove locus standi as relationship evidence was deficient; accordingly both suits were time barred and appellants' counterclaim succeeded.

Malaysia Case Law

MOHD NAJID BIN YUSOF 1. ) MAK OFFSHORE SDN BHD 2. ) Maliami Bin Hamad 3. ) Mohammad Fauzi Bin Hamad

1. ) RAHIMAH BINTI MOHD NOOR 2. ) NIK RAM ZAELAN BIN NIK YUSOFF 3. ) NIK RAM ZAEDI BIN NIK YUSOFF 4. ) NIK RUS MAZENI BINTI NIK YUSOFF 1. ) XXXX 2. ) CHAN NYAT SING 3. ) CHAN NAM TING 4. ) KOAY BOON WAN 5. ) KOH KIM PEK 6. ) MAYSIE LONG 7.

1. HENG CHEW LANG 2. HENG XUANFANG 3. LEE YIHUI (All of whom have the address for service at Parit Unas Laut, 84150 Muar, Johore) 1. HENG CHOON WAH No. 159, Bukit Gambir, 84800 Tangkak, Johore. 2. HENG HER LANG Parit Unas Laut, Parit Jawa,

Sunitha Madhu 1. Palayam a/l Nagappan 2. Tersaim Lall a/l Sadhu Ram 3. Wonderful Century Properties Sdn Bhd

1. HENG CHEW LANG (NO. NRIC: XXXXXX-XX-XXXX) 2. HENG XUANFANG (NO. NRIC: XXXXXX-XX-XXXX) 3. LEE YIHUI (NO. NRIC: XXXXXX-XX-XXXX) (All of whom has the address for service at Parit Unas Laut, 84150 Muar, Johore.) 1. HENG CHOON WAH (NO. NRIC:

Abd Rahman Bin Soltan & 3 Lagi Federal Land Development Authority & 1 Lagi

1. PENTADBIR-PENTADBIR HARTA PUSAKA IMRAN HADZALIE BIN ABDUL HAMID 2. AHMAD AIDY BIN TALIB NAZARUDDIN BIN MOHD SHARIFF @ MASARI & 6 LAGI