Introduction

[1] This is an appeal against the decision of the High Court in Penang dated 29 September 2011 which had allowed the application filed by the respondent, Magnum Consortium Sdn Bhd for leave to intervene in Originating Motion No: 25-16-2011 ("OM 25-16-2011") and to set aside a consent order dated 8 March 2011 ("the consent order") entered into between the appellant, Lee Chai Seng and the Registrar of Titles, Penang ("the Registrar").

[2] In OM 25-16-2011, the appellant is the applicant and the Registrar is the respondent. It is an appeal by the appellant under s 418 of the National Land Code (" NLC ") against the decision of the Registrar in refusing his application to enter a Registrar's caveat on five parcels of land known as Lot Nos 35, 44, 45, 48 and 2816, Grant Nos 5655, 5657, 5658, 5659 and 71105 situated at Section 1, Butterworth, Daerah Seberang Perai Utara, Penang ("the lands").

[3] On 8 March 2011 the appellant and the Registrar entered