Setiakon Engineering Sdn Bhd v Mak Yan Tai & Anor [2024] 6 AMR 701, FC

Land law – Indefeasibility – Transfer of title – Fraudulent transfer – Judgment in default ("JID") procured by appellant in suit against original landowner ("deceased") for declaration of land ownership – Deceased's title on land removed and land subsequently registered in appellant's name – Court of Appeal set aside JID and declared sale transactions regarding land void ab initio – Whether deceased's land title defeasible by subsequent purchaser – Whether appellant failed to prove that it was a bona fide purchaser for value – Whether setting aside of JID could nullify subsequent sale transactions – Whether appellant was immediate or subsequent purchaser of land – Whether appellant's land title defeasible and liable to be set aside under s 340(2) of the National Land Code 1965 – Whether land purchased in good faith and for valuable consideration – Whether appellate intervention warranted – National Land Code, ss 5, 89, 340, 340(2), (3), (3)(a), (b) – Rules of Court 2012, Order 47 r 7(1)

Astino Agro-House Multi System Sdn Bhd v Teh Jun Ren & Anor (Chuah Chin Sun & Anor – Third Parties) [2024] 6 AMR 781, HC

Tort – Negligence – Claim for damages – Employees sued for alleged negligence in carrying out duties – Third party action brought against company's executive director and chief executive officer for indemnity – Whether negligence proved against employees – Whether third party action ought to be allowed – Whether suit liable to be dismissed

Chu Chai Yin & Anor v Lim Mee Wan [2024] 6 AMR 801, HC

Land law – Co-proprietorship – Termination – Application for – Property bought pursuant to co-proprietorship agreement in name of first plaintiff and defendant – Defendant ceased to be partner – Plaintiffs sought termination of co-proprietorship agreement as well as sale and transfer of property – Whether plaintiffs satisfied requirements under s 145 of the National Land Code 1965 to terminate co-proprietorship agreement – Whether requirements under Order 31 of the Rules of Court 2012 satisfied – Whether sale and/or transfer of property should be allowed when arbitration proceedings were ongoing in relation to partnership agreement – Whether reliefs sought by plaintiffs appropriate and sustainable – Whether second plaintiff as beneficial owner of property had locus standi to file suit – Courts of Judicature Act 1964, s 25, Schedule, paragraph 3 – National Land Code 1965, s 145, 145(1) – Rules of Court 2012, Order 31