2017

Cases

CIMB BANK BERHAD v. AMBANK (M) BERHAD & ORS
Federal Court, Putrajaya
Raus Sharif CJ, Zainun Ali, A Samah Nordin, Aziah Ali, Jeffrey Tan FCJJ
[Civil Appeal No: 01(f)-20-06-2016(B)]
16 August 2017
[2017] 5 MLRA 1

Land Law : Indefeasibility of title and interests - Deferred indefeasibility - Whether there is entitlement to protection under principle of deferred indefeasibility when registration of property was obtained by forgery - Chargee - Whether a chargee comes within the meaning of 'purchaser' under s 340(3) National Land Code - Whether a charge is valid and indefeasible as a subsequent purchaser within s 340(3) National Land Code

This was the appellant's appeal against the decision of the Court of Appeal in reversing the decision of the High Court which found in favour of the appellant (CIMB) in respect of competing claims with the 1st respondent (AmBank) over their respective charges on the same piece of land ('the Property'). The High Court found the 1st respondent as an immediate purchaser while the Court of Appeal found the 1st respondent as the subsequent purchaser. Leave to appeal to this court was granted to the appellant on the question whether a chargee comes within the meaning of 'purchaser' under the proviso to s 340(3) of the National Land Code ('NLC'). If a chargee does not come under the meaning of purchaser, then the 1st respondent was an immediate purchaser and

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CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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