RIDZUAN BIN SULAIMAN v PERBADANAN PENGURUSAN SUBANG SQUARE

ba-24ncvc-1931-10-2023 High Court (Mahkamah Tinggi) 2 February 2025 • BA-24NCvC-1931-10/2023 • 14 min read

11 cases cited (0 SG, 11 foreign)

Catchwords

LAND LAW: Caveat - Private caveat lodged on account of alleged unpaid management charges – Pure contractual claim on a debt – No registrable interest - Wrongful entry of private caveat - Whether it had caused the Plaintiff suffered damages or losses –Whether conclusive proof of damages suffered by virtue of the private caveat is required before an order for assessment of damages may be made - Proof of damages in tort - Foreseeability and mitigation - Foreseeability as a factual element does not require actual knowledge of the kind of losses suffered - Sufficient evidence adduced to show on balance of probability that Plaintiff has suffered loss caused by the private caveat - Section 329(1) of the National Land Code

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (6)

Oh Teik Aun & Co Firm Preakas & Partners Firm Adeline Loh Counsel Plaintiff Gan Khong Aik Counsel Defendant Oh Saw Khim Counsel Defendant Tong Ming Jie Counsel Defendant

Parties (2)

PERBADANAN PENGURUSAN SUBANG SQUARE Respondent Ridzuan bin Sulaiman Applicant

Case Significance

RIDZUAN BIN SULAIMAN v PERBADANAN PENGURUSAN SUBANG SQUARE is a High Court (Mahkamah Tinggi) decision dated February 2, 2025 (citation: ba-24ncvc-1931-10-2023). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of RIDZUAN BIN SULAIMAN v PERBADANAN PENGURUSAN SUBANG SQUARE?

RIDZUAN BIN SULAIMAN v PERBADANAN PENGURUSAN SUBANG SQUARE is a High Court decision dated February 2, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Statutes Cited

National Land Code (Cap 828)

National Land Code 1965 (Cap 828)

s 329

Strata Management Act 2013

s 77

Cases Cited (11)

MY (11)

[1981] CLJ 91 [1984] 2 MLJ 113 [1995] 3 CLJ 520 [1997] MLJU 310 [2003] 6 MLJ 279 [2004] 7 MLJ 212 [2012] 6 MLJ 475 [2017] 4 MLJ 359 [2020] 6 CLJ 589 [2021] 5 CLJ 751 [2021] 5 MLJ 408

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-24ncvc-1931-10-2023)