ONN YEE KIEN & ANOR vs ON GIIN CHUANG

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 MarsdenLR 1641

COURT OF APPEAL PUTRAJAYA
ONN YEE KIEN & ANOR – Appellant
Versus
ON GIIN CHUANG – Respondent

Table of Content
1. overview of the appeal proceedings. (Para 1 , 2 , 3)
2. final decision and orders of the court. (Para 4)
3. details of the land and parties involved. (Para 6 , 7 , 8 , 9 , 10)
4. procedures for caveat removal under nlc. (Para 12 , 14 , 15)
5. respondent's application for caveat extension. (Para 18 , 19)

[1] This is an appeal against the decision of the High Court of Kuala Lumpur given on 8 November 2012.

[2] On 8 November 2012, the High Court of Kuala Lumpur had dismissed the appellants' application to set aside an ex parte order granted by the High Court to the respondent on 18 July 2012.

[3] The High Court ex parte order of 18 July 2012 was made pursuant to an ex parte originating summons (OS No: 24(NCVC)-1740-07-2012) application to the High Court by the respondent seeking an extension of his private caveat that was due to expire on 28 August 2012 (in his supporting affidavit the respondent erroneously states the date of expiry of the private caveat to be '1 August 2012' - but this is a matter that will be discussed later in this judgment).

Decision Of This Court

[4] We, unanimously, have allowed this appeal with costs.

[5] We now give our grounds.

Facts Of The Case

[6] O

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2013 MarsdenLR 1641

COURT OF APPEAL PUTRAJAYAONN YEE KIEN & ANOR – AppellantVersusON GIIN CHUANG – Respondent

COURT OF APPEAL PUTRAJAYA
ONN YEE KIEN & ANOR – Appellant
Versus
ON GIIN CHUANG – Respondent