CIMB Bank Berhad v. AmBank (M) Berhad & Ors [2017] 1 LNS 1132
The Federal Court dismissed CIMB’s challenge on AmBank’s charge on a piece of land notwithstanding that the charge was created through invalid Issue Document of Title. The Federal Court held that AmBank as the charge, is a bona fide purchaser under the proviso to section 340(3) of the National Land Code 1965 and upheld the Court of Appeal’s decision that AmBank (M) Berhad, is entitled to the defence of deferred indefeasibility.
Ambank (M) Bhd v CIMB Bank Bhd & Ors [2015] MLJU 2113
This case revolves around the defence of deferred indefeasibility under the proviso of Section 340(3) of the National Land Code (“NLC”). Mr. Benjamin Dawson has successfully argued at the Court of Appeal that AmBank (M) Bhd, a registered chargee, is a bona fide subsequent purchaser within the proviso and its interest is indefeasible notwithstanding that the prior charge was discharged using a forged document.
HSBC Bank (M) Bhd v. Asia Transport Service (M) Sdn Bhd [2001] 5 MLJ 94
Mr. Benjamin Dawson successfully canvassed for the removal of a private caveat under Section 237(1) of the National Land Code 1965 (“the Code”).
NKM Properties Sdn Bhd v. Rakyat First Merchant Bankers Bhd [1992] 2 MLJ 349
This case concerned the interpretation of Section 259(2)(c) of the Code. The Supreme Court held that the reserve price must be fixed at either the same reserve price as the last unsuccessful auction or at a lower reserve price and accordingly allowed Mr. Benjamin Dawson’s cross-appeal.
