LAND CUSTODY AND DEVELOPMENT AUTHORITY v 1. ) PANG CHEE HUN @ PHANG CHEE HUN 2. ) LIEW SHIN LIAN 3. ) CHAI NYUK JIN 4. ) MERCES BUILDERS (S) SDN. BHD. (IN LIQUIDATION) 5. ) BAYU SEMPURNA SDN. BHD.

q-01ncvcw-468-09-2023 Court of Appeal (Mahkamah Rayuan) 8 January 2026 • Q-01(NCvC)(W)-468-09/2023 • 21 min read

9 cases cited (0 SG, 9 foreign)

Catchwords

Whether the original purchasers (1st, 2nd, and 3rd Respondents) or the subsequent purchaser (Bayu Sempurna Sdn Bhd) of the subject properties has better title - developer/1st Defendant in liquidation - constructive trusts - whether purchase price must be paid in full - laches - limitation - cross-appeals.

Practice Areas

Whether the original purchasers (1st, 2nd, and 3rd Respondents) or the subsequent purchaser (Bayu Sempurna Sdn Bhd) of the subject properties has better title

Judges (3)

Azman bin Abdullah Coram Azmi bin Ariffin Coram Lim Hock Leng Delivered

Counsel (10)

Alvin Yong Advocates Firm Andy and Associates Firm Wung & Co., Kuching Firm Alvin Yong Sze Lung Counsel Respondent Anastasia Chin Mengxing Counsel Appellant Andy Tan Tung Sii Counsel Respondent James Lo Kuin Chuan Counsel Respondent Liew Sheau Kie Counsel Appellant Nicholas Wung Duk Ying Counsel Appellant Shirleen Ong Counsel Respondent

Parties (6)

BAYU SEMPURNA Sdn Bhd Respondent LAND CUSTODY AND DEVELOPMENT AUTHORITY Appellant MERCES BUILDERS Sdn Bhd. (IN LIQUIDATION) Respondent Chai Nyuk Jin Respondent Liew Shin Lian Respondent Pang Chee Hun @ Phang Chee Hun Respondent

Case Significance

LAND CUSTODY AND DEVELOPMENT AUTHORITY v 1. ) PANG CHEE HUN @ PHANG CHEE HUN ... is a Court of Appeal (Mahkamah Rayuan) decision dated January 8, 2026 (citation: q-01ncvcw-468-09-2023). <p>The Land Custody and Development Authority (LCDA) and a subsequent purchaser (Bayu Sempurna) appealed against the High Court's finding that original purchasers had better title to properties sold by a developer now in liquidation, based on constructive trust principles. The Court of Appeal dismissed both cross-appeals with costs of RM50,000 each, finding the High Court was not plainly wrong in its determination that the original purchasers held beneficial interest through constructive trusts The panel comprised Azman bin Abdullah, Azmi bin Ariffin and Lim Hock Leng, with Lim Hock Leng delivering the judgment.

Summary

The Land Custody and Development Authority (LCDA) and a subsequent purchaser (Bayu Sempurna) appealed against the High Court's finding that original purchasers had better title to properties sold by a developer now in liquidation, based on constructive trust principles. The Court of Appeal dismissed both cross-appeals with costs of RM50,000 each, finding the High Court was not plainly wrong in its determination that the original purchasers held beneficial interest through constructive trusts despite not having paid the full purchase price.

What was the outcome of LAND CUSTODY AND DEVELOPMENT AUTHORITY v 1. ) PANG CHEE HUN @ PHANG CHEE HUN ...?

<p>The Land Custody and Development Authority (LCDA) and a subsequent purchaser (Bayu Sempurna) appealed against the High Court's finding that origina...

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

s 69

Evidence Act 1950 (Cap 56)

s 32 s 73A(2)

Limitation Ordinance

s 3

Cases Cited (9)

UK (1)

[1957] 1 WLR 31

MY (8)

[1995] 3 CLJ 639 [2010] 1 CLJ 381 [2011] 5 CLJ 136 [2016] 2 CLJ 885 [2016] 3 CLJ 193 [2016] 8 CLJ 149 [2020] 1 CLJ 776 [2021] MLJU 127