Y&Y Development Sdn Bhd v MICLEBINA PROPERTIES SDN BHD

aa-22ncvc-97-12-2021 High Court (Mahkamah Tinggi) 13 July 2025 • AA-22NCvC-97-12/2021

Catchwords

Civil Procedure — Private caveat — Removal of caveat — Application under ss 327 and 329 National Land Code — Whether caveator has subsisting caveatable interest — Effect of consent judgment — Defendant having fully complied with consent judgment —Obligation to comply strictly with express terms — Failure to withdraw caveat contrary to consent judgment - Caveat required to be withdrawn upon satisfaction of conditions — Caveat founded on contingent monetary claim — Whether claim for additional sum under special express condition constitutes caveatable interest — No present proprietary interest — Caveat cannot be used to secure or protect disputed monetary claim — Balance of justice

Practice Areas

Civil Procedure Land Law

Judges (1)

Norsharidah binti Awang Delivered

Parties (2)

MICLEBINA PROPERTIES Sdn Bhd Defendant Y&Y Development Sdn Bhd Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-22ncvc-97-12-2021)