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HIGH COURT MALAYA MELAKA
SINOHYDRO CORPORATION (M) SDN BHD – Appellant
Versus
BIDARI KEKAL SDN BHD – Respondent
| Table of Content |
|---|
| 1. application for removal of caveats. (Para 1 , 2 , 4) |
| 2. background and development of the case. (Para 5 , 6 , 7 , 8 , 9) |
| 3. enforcement of adjudication decision. (Para 10 , 11 , 12 , 13 , 14) |
| 4. plaintiff's argument on mala fide caveats. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 5. legal framework for caveatable interest. (Para 46 , 47 , 48 , 49 , 50 , 51) |
| 6. caveatable interest cannot arise from contracts. (Para 60 , 61 , 62 , 63 , 64) |
| 7. timing of caveats and potential mala fide. (Para 72 , 73 , 74 , 75) |
| 8. court's final ruling and order. (Para 87) |
Introduction
[1] This is an application by Sinohydro Corporation (M) Sdn Bhd ("the Plaintiff") in Originating Summons MA-24NCVC-413-10/2023 ("the OS") for the removal of the private caveats lodged by Bidari Kekal Sdn Bhd ("the Defendant") against 13 parcels of land ("the Lands"). The application was made under s 327(1) National Land Code (" NLC ").
[2] The details of the Lands are stated in "Jadual A" of Enel. 1. At all material times KAJ Development Sdn Bhd ("KAJ") were the registered owners of these lands situated in the district of Melaka Tengah in the state of Melaka.
[3] After hearing part
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