JUDGMENT

Zamani A Rahim JC:

Introduction

[1] The subject matter of the plaintiff application herein (encl. 1) involved a Honda Civic 1.6 EFI (A) motorcar, chassis number EH5-904503, engine number B16A-3411428 (previously the engine number was ME 516-204497), bearing registration number PDD 8281 (hereinafter referred to as "the original Honda motorcar").

[2] Before the plaintiff acquired ownership of the original Honda motorcar, it had three previous registered owners. They were firstly, O & G Engineering (Utara) Sdn. Bhd., registered as the first owner on 6 October 1951; secondly, Encik Tan Meng Seng, registered as the second owner on 14 March 2000, and thirdly, Puan Ang Gaik Ean, registered as the third owner on 2 January 2002.

Inspection Of The Plaintiff Motorcar

[3] The plaintiff was the fourth registered owner. It was registered in his name on 12 January 2004 after the original Honda motorcar had undergone major repairs. The second defendant as the Registrar of Motor Vehicles is under a duty to inspect every vehicle submitted for registration or transfer of registration. Sections 10 and 12 of the Road Transport Act 1987 stipulate as follows:

Application for registration:

10 (1) Every application for the registration of a motor vehicle shall be made in the prescribed form to the Director of a registration area and shall be signed by the person for the time being entitled to the possession of the motor vehicle.

(2) Notwithstanding anything in subsection (1), any person who satisfies the Director that he has been authorized in writing for that purpose by a person who is absent from Malaysia, may make application on behalf of that person for the registration of a motor vehicle, and in any such case the application shall be deemed to have been signed and made by that person.

(3) No motor vehicle shall be registered unless:

(a) such vehicle bears a clear, distinct and untampered engine and chassis number; and

(b) the prescribed fee has been paid,

(4) No motor vehicle shall be registered which does not comply with this. Act as to construction, weight, equipment, use and age unless such motor vehicle has been exempted from such compliance under powers conferred by this Act.

(5) An application for the registration of a motor vehicle which is the property of the Government or of a public body shall designate, by reference to his office, an officer in the service of the Government or public body, as the case may be, in whose charge such motor vehicle will be and such person for the time being holding such office shall, for the purpose of any offence, be deemed to be the registered owner of such motor vehicle.

(6) No officer shall be deemed by reason only of subsection (5) to be guilty of an offence committed before the date on which he assumed such office.

Inspection Of Motor Vehicles And Information Director General

12 (1) The Director General, a Director may at any time before registration of a motor vehicle require the motor vehicle to be brought to any convenient place specified by him and to be inspected and, if necessary, to be weighed and measured and after registration may at any time require a motor vehicle to be brought as aforesaid if he has reason to believe:

(a) that the motor vehicle does not comply with the requirements of this Act;

(b) that any information furnished to him in respect of the motor vehicle is false, incorrect or misleading;

(c) that the motor vehicle is not in a serviceable condition; or

(d) that the weight, dimensions, character, construction, colour, identifying particulars or seating accommodation have been altered after the registration thereof.

(2) The registered owner of a motor vehicle shall forthwith inform the Director in writing of any circumstance or event which affects the accuracy of any entry in the register relating to the motor vehicle, and shall at the same time forward or deliver to the Director the registration certificate relating to such motor vehicle.

(2A) The registered owner shall, in the case of a