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2025 MarsdenLR 4122

COURT OF APPEAL PUTRAJAYA
BASKARAN GOVINDASAMY & ORS – Appellant
Versus
CHIEW YIT KIN – Respondent


Petitioner Advocates:R Ramanathan,S Selvarajah,James Lopez,Joseph Tan ,Respondent Advocate: Marcus Lee Min Lun,Emily Wong

JUDGMENT

Ahmad Kamal Md Shahid JCA:

Introduction

[1] This is an appeal by Baskaran Govindasamy (7th Defendant), Ramola P Janardanan (8th Defendant) and Bright Way Holdings Sdn Bhd (the 9th Defendant) against the decision of the High Court dated 30 March 2023 which was made in favour of Chiew Yit Kin (the Plaintiff) in relation to a purported fraudulent land transfer.

[2] The Plaintiff alleged that her vacant land in Damansara Heights (subject land) was transferred to Beyond Opulence Sdn Bhd (the 3rd Defendant) and then to the 7th and 8th Defendants by fraud.

[3] The Plaintiff instituted an action against:

a. Pengarah Tanah Dan Galian Wilayah Persekutuan (the 1st Defendant/land office) for negligence;

b. Kerajaan Malaysia (the 2nd Defendant/Government of Malaysia) for vicarious liability;

c. the 3rd Defendant who was the first transferee of the subject land;

d. Norhasmizi Napi (4th Defendant) and Wan Muhamad Irywan Wan Mohamad Sahini (5th Defendant) who were directors of the 3rd Defendant for fraud;

e. Wan Zaiharatulhasra Hamid (the 6th Defendant/lawyer) who falsely and purportedly attested the Plaintiff's execution of the transfer Form 14A in favour of the 3rd Defendant;

f. the 7th to 8th D

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