JUDGMENT

Introduction

[1] This appeal requires us to consider important questions that go to the heart of the land registration under the Torrens System. One of the central issues is whether a successful bidder at the auction sale under the National Land Code 1965 ("the NLC") must recognise the interest of a person or a body not registered against the title to the land now duly registered in the successful bidder's name. Put another way, the question is whether a promise by the Previous Owner to surrender the land to the State of Authority Selangor is binding on the appellant, a successful bidder at the auction under the NLC, who has not at any time consented to the fenced-off lake and its related structures for flood mitigation to be on the land now duly registered in his name.

[2] On 16 February 2021, this court granted leave to the appellant to appeal against the majority decision of the Court of Appeal on the following two questions of law-