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HIGH COURT MALAYA MELAKA
SINOHYDRO CORPORATION (M) SDN BHD – Appellant
Versus
BIDARI KEKAL SDN BHD – Respondent
| Table of Content |
|---|
| 1. background facts of land and caveat application (Para 1 , 2 , 5 , 6 , 10 , 33) |
| 2. procedure and timelines surrounding caveat registration (Para 3 , 12 , 24 , 26 , 35) |
| 3. court orders regarding enforcement orders and caveats (Para 18 , 28 , 29) |
| 4. criteria and burden for establishing caveatable interest (Para 46 , 49 , 50 , 51) |
| 5. mala fide conduct and implications on caveatable interests (Para 54 , 56 , 70 , 72) |
| 6. conclusions on the legality of caveats and agreements (Para 85 , 86) |
Introduction
[1] This is an application by Sinohydro Corporation (M) Sdn Bhd ("the Plaintiff") in Originating Summons MA-24NCVC-413-10/2023 ("the OS") for the removal of the private caveats lodged by Bidari Kekal Sdn Bhd ("the Defendant") against 13 parcels of land ("the Lands"). The application was made under s 327(1) National Land Code (" NLC ").
[2] The details of the Lands are stated in "Jadual A" of Enel. 1. At all material times KAJ Development Sdn Bhd ("KAJ") were the registered owners of these lands situated in the district of Melaka Tengah in the state of Melaka.
[3] After hearing parties and perusing the affidavits filed by them, I decided to allow the
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