Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Wrongful entry of caveat

Legal area

Court

8 Aug 2025

1. ) CHIN CHEE YUEN 2. ) CHIN PHEY SEE 1. ) CHONG KIN HIN 2. ) CHONG KIN KOK

Citation

BA-22NCvC-415-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-415-10/2023 (Mahkamah Tinggi)

Because the TNB suit did not affect the title to the property, there was no duty on the vendors to disclose it and the principle of caveat emptor applied; clause 5(a)(ii) did not operate because neither party was at fault when SPA terms were not agreed, and the Plaintiffs lacked a registrable interest so the caveat was wrongful; accordingly Plaintiffs' substantive claims failed while Defendants' counterclaim for wrongful caveat entry succeeded in part.
21 Apr 2021

1. ) YOONG KHIONG SHIN 2. ) YOONG KIAN SIN 3. ) YOONG AH KEW @ YOONG SIM SIN GINDERPAL SINGH A/L HARNEK SINGH

Citation

NA-22NCVC-86-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

NA-22NCVC-86-12/2018 (Mahkamah Tinggi)

Plaintiffs failed to prove on the balance of probabilities that they suffered damage or loss as a result of the defendant's caveats; plaintiffs had knowledge of the caveats and did not take steps to remove them; the claim was time-barred by the six-year limitation period and was effectively precluded by earlier proceedings; accordingly the claim is dismissed and the defendant's counterclaim for legal expenses is allowed in part (RM35,000).