2012 MarsdenLR 697

COURT OF APPEAL PUTRAJAYA
TING SIEH CHUNG – Appellant
Versus
HOCK PENG REALTY SDN BHD – Respondent
[Civil Appeal No: Q-03-118-2009]

The wrongful entry of a caveat without reasonable cause entitles the aggrieved party to claim actual damages which must be evidenced to support the claim.

Headnote:(A) Sarawak Land Code (Cap 81) - Section 179 - Wrongful entry of caveat - Appeal against High Court decision setting aside registrar's assessment of damages - It was established that defendant's caveat lacked reasonable cause, resulting in damages to the plaintiff - Court emphasized that specific findings of fact by the registrar should not be disturbed unless plainly wrong. (Paras 7-8, 20)

(B) Assessment of Damages - The court recognized that 'actual damage' is a head of damages claimable due to wrongful caveat - The registrar's assessment was supported by unrebutted evidence and findings. (Paras 10, 16-18)

Facts of the case:
The respondent lodged a caveat against the plaintiff’s properties without reasonable cause, leading to financial losses for the plaintiff due to the inability to proceed with a development project, and subsequent removal of the caveat by the court affirmed. (Paras 2-3)

Findings of Court:
The registrar’s assessment of damages was reinstated as it was properly supported by evidence, and the judge erred in setting it aside. (Paras 20)

Issues: Whether the High Court judge was correct in setting aside the registrar's assessment of damages due to a lack of evidence of actual loss. (Paras 7, 19)

Ratio Decidendi: The appellate court held that the registrar's findings were valid, and that the plaintiff was entitled to damages for losses incurred due to the wrongful caveat; actual damage claims were substantiated without rebuttal evidence from the defendant. (Paras 10, 19)

Result: Appeal allowed; registrar's assessment of damages reinstated.