7 Mar 2022
Malayan Produce Company Sendirian Berhad 1. ) Landbanq Sdn Bhd (Dalam Likuidasi) 2. ) YUSHIN KOGYO (M) SDN BHD
- Citation
- W-02(NCvC)(W)-798-07/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-798-07/2020 (Mahkamah Rayuan)
On the balance of probabilities the appellant proved the existence of the 1976 SPA and full payment such that Landbanq became a bare trustee; consequently Landbanq (and ORL acting for it) lacked capacity to sell the properties and the sale and transfer to D2 was void ab initio; D2 as immediate purchaser is not protected by indefeasibility under s340 NLC and the High Court decision was set aside.