TETUAN MAZWAN PATHMA & CO v 1. ) T & L Park Sdn. Bhd. 2. ) TETUAN TEE BEE KIM & PARTNERS

w-01ncvcw-140-03-2023 Court of Appeal (Mahkamah Rayuan) 29 March 2026 • W-01(NCvC)(W)-140-03/2023

Catchwords

(a) whether the 5th Defendant is liable to the Plaintiff for a tort of breach of statutory duty under s 378 NLC to take reasonable care to ensure that the correct NRIC number of the Deceased (as the registered proprietor of the Land) was inserted in Version 2 [RDT/IDT (Land); (b) did the 5th Defendant commit a tort of negligence in inserting the 1st Defendant’s NRIC number (not the Deceased’s NRIC number) in Version 2 [RDT/IDT (Land)?; and (c) if the 5th Defendant is liable to the Plaintiff for a tort of breach statutory duty under s 378 NLC and/or tort of negligence in respect of the inclusion of the 1st Defendant’s NRIC number in Version 2 [RDT/IDT (Land) (5th Defendant’s Torts), can the 5th Defendant rely on s 22 NLC as a defence to exclude its liability for the 5th Defendant’s Torts?;

Judges (3)

Ismail bin Brahim Coram Supang Lian Coram Wong Kian Kheong Delivered

Parties (3)

T & L Park Sdn Bhd Respondent TETUAN MAZWAN PATHMA & CO Appellant TETUAN TEE BEE KIM & PARTNERS Respondent

Judgment

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Read on eJudgment

Source: eJudgment (w-01ncvcw-140-03-2023)