HIGH COURT MALAYA SHAH ALAM
FOTOPOP (M) SDN BHD – Appellant
Versus
LOW SHU NYOK – Respondent
| Table of Content |
|---|
| 1. court ordered removal of caveats. (Para 1 , 2) |
| 2. background of plaintiff's corporate structure. (Para 3 , 4 , 5) |
| 3. issues of law regarding recoverability. (Para 6 , 7) |
| 4. analysis of private placement expenses claims. (Para 8 , 9 , 10 , 11 , 12 , 14 , 15) |
| 5. legal perspective on the removal of caveats. (Para 13 , 16 , 17) |
| 6. rejection of loan-related expenses. (Para 18 , 19) |
| 7. nominal damages awarded with costs. (Para 20) |
Introduction
[1] By an Order dated 4 December 2023, this Court had ordered the removal of the Defendant's private caveats on Hakmilik No PM6013, Lot 53404 and Hakmilik No PM6014 Lot No 53403, both at Seksyen 10, Tempat Hill Street Kajang, Bandar Kajang, Daerah Hulu Langat, Negeri Selangor ("Properties"). Pursuant to s 329(1) of the National Land Code 1965 the Defendant was further ordered to pay damages for losses caused by the wrongful entry of the private caveats.
[2] An inquiry was held on 28 October 2024 pursuant to the Plaintiff's Notice of Appointment of Assessment of Damages dated 19 March 2024. After hearing evidence and reviewing the documents and written submissions, this Court found that the Plaintiff failed to pro
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