LEE KWEE FOH SDN BHD v 1. ) LOKE KOOI CHUAN PROPERTIES SDN BHD 2. ) PENGARAH TANAH & GALIAN NEGERI PERAK

a-01ncvcw-490-07-2022 Court of Appeal (Mahkamah Rayuan) 18 June 2023 • A-01(NCvC)(W)-490-07/2022

Catchwords

Restitution- R1’s pleaded case that the Appellant was in Members’ Voluntary Liquidation (“MVL”) during the sale of the said Lands- MOT’s are void or insufficient instruments and the Respondent’s title to the 22 lots of land acquired through the same is voidable or defeasible pursuant to s 360(2)(1) and/or (b) of the National Land Code 1965 (“NLC”)- Appellant had again unreservedly made references to the Caveat Proceedings, Saman Pemula No:458 and the Consent Order, and by so doing had also expressly and/or impliedly confirmed the existence and validity of the SPA- judicial estoppel as well as equitable estoppel-Appellant had averred in the Counter Claim that the SPA was invalid because it was allegedly tainted by fraud as its directors had no authority to execute the same due to it being in liquidation, but adopted the contrary position that the SPA was valid in the earlier court proceedings- inequitable for the Appellant to now seek to invalidate the said Agreement after 46 years, having received the full purchase price

Practice Areas

Restitution- R1’s pleaded case that the Appellant was in Members’ Voluntary Liquidation (“MVL”) during the sale of the said Lands- MOT’s are void or insufficient instruments and the Respondent’s title to the 22 lots of land acquired through the same is voidable or defeasible pursuant to s 360(2)(1) and/or (b) of the National Land Code 1965 (“NLC”)- Appellant had again unreservedly made references to the Caveat Proceedings, Saman Pemula No:458 and the Consent Order, and by so doing had also expressly and/or impliedly confirmed the existence and validity of the SPA- judicial estoppel as well as equitable estoppel-Appellant had averred in the Counter Claim that the SPA was invalid because it was allegedly tainted by fraud as its directors had no authority to execute the same due to it being in liquidation, but adopted the contrary position that the SPA was valid in the earlier court proceedings- inequitable for the Appellant to now seek to invalidate the said Agreement after 46 years, having received the full purchase price

Judges (3)

Ahmad Zaidi bin Ibrahim Coram Azizah binti Haji Nawawi Delivered Collin Lawrence Sequerah Coram

Parties (3)

LEE KWEE FOH Sdn Bhd Appellant LOKE KOOI CHUAN PROPERTIES Sdn Bhd Respondent PENGARAH TANAH & GALIAN NEGERI PERAK Respondent

Case Significance

LEE KWEE FOH SDN BHD v 1. ) LOKE KOOI CHUAN PROPERTIES SDN BHD 2. ) PENGARAH ... is a Court of Appeal (Mahkamah Rayuan) decision dated June 18, 2023 (citation: a-01ncvcw-490-07-2022). The panel comprised Ahmad Zaidi bin Ibrahim, Azizah binti Haji Nawawi and Collin Lawrence Sequerah, with Azizah binti Haji Nawawi delivering the judgment.

What was the outcome of LEE KWEE FOH SDN BHD v 1. ) LOKE KOOI CHUAN PROPERTIES SDN BHD 2. ) PENGARAH ...?

LEE KWEE FOH SDN BHD v 1. ) LOKE KOOI CHUAN PROPERTIES SDN BHD 2. ) PENGARAH ... is a Court of Appeal decision dated June 18, 2023. The case was heard by Ahmad Zaidi bin Ibrahim. See the full judgment for details.