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2018 MarsdenLR 117

FEDERAL COURT PUTRAJAYA
LIPUTAN SIMFONI SDN BHD – Appellant
Versus
PEMBANGUNAN ORKID DESA SDN BHD – Respondent


Petitioner Advocates:Yeoh Cho Kheong,Nadesh Ganabaskaran, Mahendran Shunmugam Sundram,Saw Wei Siang ,Respondent Advocate: Palanivel KV Sathasivam,Ho How Keong, Balbir Singh,Premkumar Danapal

Table of Content
1. overview of competing claims between landowner and purchaser. (Para 1 , 2 , 5 , 6)
2. determining good faith relies on actions before and during official registration. (Para 3)
3. court's conclusion on the transfer's validity under fraudulent circumstances. (Para 23 , 24 , 62)
4. definition and implications of good faith in land transactions. (Para 30 , 32 , 54)

[1] This case again highlighted the difficulty in resolving the competing claims between an innocent landowner and a purchaser of a piece of land which was the subject matter of a fraudulent transaction under s 340(2) of the National Land Code ("Code").

[2] The High Court allowed the original owner's claim, thereby restoring the subject land to the original owner. The Court of Appeal affirmed the decision of the High Court.

[3] On 8 December 2016, leave to appeal was allowed to the appellant, the purchaser, on the following questions of law:

Question 1: Whether the relevant time for the determination of good faith of a subsequent purchaser for the purpose of s 340(3) of the National Land Code (" NLC ") is based on the circumstances at the time of entering into the transaction or at the time of registration

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