Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Void transfer

Legal area

Court

24 Jul 2022

NG JIN SONG TAY AN NA

Citation

JA-22NCvC-33-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-33-03/2021 (Mahkamah Tinggi)

Defendant did not comply with the express preconditions in the LOU (no evidence of an attempt to sell on the open market and no proof of payment of RM400,000); consequently the PA could not be validly invoked to effect the SPA and MOT in favour of the defendant; the MOT was therefore void and the transfer dated 7.1.2021 is set aside under National Land Code s.340(2); plaintiff remains the registered owner.
6 Apr 2022

Poh Kee 1. ) CHIN KIM YANG 2. ) Pentadbir Tanah dan Daerah 3. ) Kerajaan Negeri Johor

Citation

JB-22NCvC-50-07/2017 (Mahkamah Tinggi)
Court

High Court
Case number

JB-22NCvC-50-07/2017 (Mahkamah Tinggi)

The written sale agreement and subsequent transfer were a sham masking an unlicensed moneylending transaction; the monthly payments were interest, the moneylending was unlicensed and therefore unlawful and unenforceable under the Moneylenders Act 1951 (s16(1) and related provisions); accordingly the sale and transfers are void and the land registry must restore title to the plaintiffs' prior position; ancillary equitable and monetary relief follows as ordered.