6 Dec 2024
EE KAH FUK LIM BEE KUA
- Citation
- WA-22NCvC-383-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-383-07/2020 (Mahkamah Tinggi)
The FLA is void ab initio and unenforceable because it was designed to conceal the misapplication of stakeholder funds by the Plaintiff (a trustee), lacked essential certainty as an agreement to enter into a future SPA, and attempted to circumvent registration requirements for charges under the National Land Code; evidence (expert and admissions) established the Defendant did not sign the FLA; the RM590,005.30 advanced was a unilateral top-up by the Plaintiff and is not debt owed by the Defendant; consequently the Plaintiff has no caveatable proprietary interest and the private caveat must be…