Siti Norma Yaakob JCA:

[1] The only issue raised in this appeal is whether the respondent has a caveatable interest in a piece of property which has been purchased by the appellant, that entitles her to lodge a private caveat in the first place. In the Court below, the trial Judge held that she has, in proceedings commenced by the appellant to have the caveat removed, and it is to appeal against the dismissal of the appellant's application to have the private caveat removed that the present appeal is founded.

(1) Whether the respondent has disclosed a caveatable interest under s 323(1) of the National Land Code

(2) Whether the evidence discloses a serious question to be tried.

(3) Whether the balance of convenience lies in favour of the caveat continuing to remain on the register.

[3] The caveat in these proceedings is lodged against Lot 1915 held under Grant No 3548, Mukim Durian Tunggal, Daerah Alor Gajah, Melaka. The land was originally registered in the name of Kumpulan Realty Melaka Sdn Bhd, now under liquidation. Kumpulan Realty charged the land as security for a loan granted by Mayban Finance Berha