Malaysia Case Law: Decisions & Judgments

Topic

Section 329 national land code

Legal area

Court

26 Aug 2025

CM AUTO HOLDINGS SDN. BHD. 1. ) PENGERUSI, PERSATUAN PEMILIK HUB BANGI 2. ) PENDAFTAR HAKMILIK NEGERI SELANGOR

Citation

BA-24NCvC-2416-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-2416-10/2024 (Mahkamah Tinggi)

The court held the private caveat was not unlawfully entered because it was authorized by the Deed of Mutual Covenant and approved by members at an AGM; the applicant knew or was bound by the Deed and therefore cannot claim ignorance; consequentially damages under s329 fail for want of unlawful entry and for lack of causation on the balance of probabilities.
6 Oct 2021

BANK PEMBANGUNAN MALAYSIA BERHAD (NO SYARIKAT: 197301003074) (16562-K) KAUTHAR VENTURE CAPITAL SDN BHD (NO SYARIKAT: 198801001297) (168654-A)

Citation

WA-24NCVC-864-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-864-06/2020 (Mahkamah Tinggi)

Plaintiff failed to prove causation because the sale was conditional on independent prerequisites (State Authority consent and court approval) which were unfulfilled and not shown to depend on removal of the caveat; therefore the claimed late payment charges were not caused by the caveat and are not recoverable, but nominal damages of RM10,000 are payable.
17 Jun 2020

Aeon Co. (M) Bhd Asia Plywood Company Sdn Bhd

Citation

W-03(IM)(NCVC)-30-04/2019 (Mahkamah Rayuan)
Court

IM
Case number

W-03(IM)(NCVC)-30-04/2019 (Mahkamah Rayuan)

The Court held that once liability under s.329 NLC for wrongful caveat was established, the matter proceeded to assessment of damages and the Deputy Registrar erred in dismissing the claim; the plaintiff proved loss by the loss of a sale to IPGB at RM60 psf and was entitled to interest on the sale proceeds and valuation fees but not to a separate diminution award (to avoid double recovery), and the High Court's calculation of RM2,410,074.53 (including RM2,310,805.53 interest and RM99,269 valuation fees) was correct and is therefore upheld.

Malaysia Case Law

CM AUTO HOLDINGS SDN. BHD. 1. ) PENGERUSI, PERSATUAN PEMILIK HUB BANGI 2. ) PENDAFTAR HAKMILIK NEGERI SELANGOR

BANK PEMBANGUNAN MALAYSIA BERHAD (NO SYARIKAT: 197301003074) (16562-K) KAUTHAR VENTURE CAPITAL SDN BHD (NO SYARIKAT: 198801001297) (168654-A)

Aeon Co. (M) Bhd Asia Plywood Company Sdn Bhd