Ng Giap Seng

On the court record

The reported matters span company-property, housing sale-and-purchase and land-caveat work, grounded in High Court and Court of Appeal judgments rather than any ranking.

Ng Giap Seng's reported matters cover company and property law, housing sale-and-purchase disputes and land, argued in the High Court and the Court of Appeal. A company-and-property decision considered the separate legal personality of a company and the Torrens system, asking whether property registered in a company's name belonged beneficially to the directors behind it, and how that squares with the indefeasibility of a registered title. Appearing for the plaintiff, the Court dismissed the claim but allowed a counterclaim, while ordering the first defendant to pay costs to the plaintiff fixed at RM80,000, a nuanced outcome reflecting the mix of issues resolved either way.

Housing and sale-and-purchase litigation features in related Court of Appeal appeals arising from the late delivery of vacant possession of commercial accommodation suites, where the claims concerned liquidated damages together with goods and services tax and late-payment interest. He appeared on both sides of the cross-appeals, in matters that engage the settled body of authority on liquidated damages for late delivery under a statutory sale-and-purchase agreement.

Land completes the profile. In a High Court originating summons a purchaser who had successfully bid for land at a public auction and paid the full price sought relief against private caveats lodged over the land; appearing for the plaintiff, the Court allowed the application, recording the disposition in Malay as Mahkamah membenarkan permohonan Plaintif dengan kos (the Court allows the plaintiff's application with costs) fixed at RM2,000. A thread across these decisions is the reconciliation of registered title with competing claims behind it, whether the beneficial ownership of company property, a purchaser's entitlement to timely delivery, or the clearing of a caveat after an auction sale, argued in the High Court and before the Court of Appeal of Malaysia. The reported work therefore sits at the intersection of company law and land, where the questions repeatedly concern who truly holds an interest in property and how the register and the underlying bargain are to be reconciled.