Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Reinstatement of title
  • 20 May 2022

    XXXX XXXX

    Citation
    21NCVC-5-01/2014 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    21NCVC-5-01/2014 (Mahkamah Tinggi)

    2nd Defendant (land office) owed statutory and common law duties to maintain accurate register and search results; it breached those duties by allowing the creation/entry of a non‑genuine/erroneous Grant 27889 and by failing to produce critical documents, justifying an adverse inference; as a consequence the cancellation performed was wrongful and the court restored the Plaintiff as registered proprietor and ordered cancellation of the competing title; large claimed economic losses were too remote and not recoverable, but costs were awarded to Plaintiff.