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Sporeans in JB Housing Nightmare

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Land scams on the rise in Malaysia http://business.asiaone.com/a1media/site/common/blank.gif

(The article was first published in The Star, Dec 23, 2007.)

 

KUALA LUMPUR: Landowners beware!

 

Your property is at risk. There has been a rising number of land scams in recent years, especially in the Klang Valley. Worse, the scams are targeting higher-value land too.

 

Government statistics revealed in Parliament recently showed that there were 16 land scams recorded in 2001, 19 in 2002, 22 in 2003, 32 in 2004, 35 in 2005 and 80 last year.

 

Police statistics also showed that last year the value of land involved in the scams was almost RM4.9mil. This year, up till October, the value of the land was more than RM10.4mil.

 

Only four people were arrested over the offences last year and just one this year.

 

National House Buyers Association secretary Chang Kim Loong expressed concern over increasing incidences of land scams and the high number of unsolved cases.

 

"This could lead to a loss of confidence in the Malaysian property market," he said.

 

Chang urged the Government to initiate an insurance scheme to indemnify anyone who suffers loss due to fraudulent land transfer.

Commercial Crimes Investigation Department legal / inspectorate division principal assistant director ACP Tan Kok Liang said that in certain cases it was difficult to get evidence against the perpetrators because they used other people's identity.

 

The most recent case involves Taiwanese businessman Chen Wei Pin, who found that a private caveat had been entered on his land by a director of Zen Zaman Sdn Bhd, claiming that Chen had sold the land to his company. Chen denied any such transaction.

 

His plight was brought up by the MCA Public Service and Complaints Department, which has received 18 such complaints involving land worth RM30mil in the past five years.

 

Assistant professor Dr Sharifah Zubaidah Syed Abdul Kader of the Public Law Department of the International Islamic University Malaysia said the law did not fully protect landowners, especially in cases of forgery.

 

"Even if they are able to prove the title is theirs, they can still lose their land. The court will inevitably rule against them as long as it can be proven that the purchaser had bought the land on good faith," she added.

 

Roger Tan, the Bar Council's Conveyancing Practice Committee chairman, said the onus had fallen on landowners to conduct regular checks on their land title.

The article was first published in The Star, Dec 23, 2007.

 

COURT DECISIONS

More Pages >  1979 to 1987 |  1988 to 1993 |  1994 & 1995 |  1996 & 1997 |  1998 & 1999 |  2000 |  2001 | 2002 |  2003 | 2004 | 2005 | 2006 | 2007

Links to  websites for other sources of court decisions:

Malaysia Court Homepage - http://www.kehakiman.gov.my

Cases from Malaysia, Singapore and Other Jurisdictions - http://www.ipsofactoj.com

Cases - 2002

  1. Matrix Momentum Sdn Bhd v. Saratoga Sdn Bhd
    10 JANUARY 2002 - HIGH COURT MALAYA, JOHOR BAHRU
    [CIVIL SUIT NO: 22-20-2001]

CIVIL PROCEDURE: Summary judgment - Proper procedure - Mode of application - Facts deposed in affidavit in Form 18 - Whether derived from plaintiff's solicitors - Whether facts ought to be within deponent's personal knowledge - Whether O. 14 r. 2(1) of Rules of the High Court 1980 complied with - Whether deposition could be admitted as evidence
CONTRACT:
Sale and purchase of property - Late delivery of vacant possession - Sale and purchase agreement - Provision for liquidated damages for late delivery of vacant possession - Whether plaintiff allowed to sue for damages only - Whether time an essence of agreement - Whether plaintiff entitled to rescind contract - Contracts Act 1950, s. 56
LAND LAW
: Housing developers - Sale and purchase agreement - Late delivery of vacant possession - Provision for liquidated damages for late delivery of vacant possession - Whether plaintiff entitled to rescind contract - Whether time an essence of agreement - Contracts Act 1950, s. 56
 

  1. Lim Chee Holdings Sdn Bhd V RHB Bank Berhad
    20 FEBRUARY 2002 - HIGH COURT (IPOH)
    GUAMAN SIVIL NO: 22-188-1994
    Introduction: These two cases were consolidated and tried together. The cause of action in both the actions is basically breach of contract though, in the latter, negligence is added. The facts involved are briefly as follows: The plaintiff is a housing development company involved in developing a small housing estate known as Taman Mewar (the project) in a minor town called Langkap, which is between Telok Intan and Kapar, in Perak. The total project consist of only 186 units of building which was to be made up of: 127 single story houses; 52 double story houses and 7 double story shops.
     
  2. Sakinas Sdn Bhd v. Siew Yik Hau & Anor
    19 MARCH 2002 -  HIGH COURT (KUALA LUMPUR)
    CIVIL APPEAL NO R1-11-139 OF 2000

Civil Law Act - Assignment - Whether deed of assignment an absolute one or by way of charge only - Right of assignor to sue - Whether necessary to join assignee - Civil Law Act 1956 s 4(3) 
Contract - Breach - Performance of contract - Purchasers took vacant possession after agreed date of delivery of  vacant possession - Whether purchasers had accepted performance of the developer's promise at a time other than the agreed date of delivery of vacant possession - Whether purchasers had to give developer notice of their intention to claim compensation for late delivery - Contracts Act 1950 s 56 (3)
Contract
- Damages - Liquidated damages - Damages for late delivery of vacant possession agreed to in sale and purchase agreement - Liquidated damages provided by legislation - Whether necessary for purchaser to adduce evidence of actual loss or damage suffered - Contracts Act 1950 s 75
Equity - Assignment - Civil Law Act 1956 s 4(3) - Whether deed of assignment an absolute one or by way of charge only - Right of assignor to sue - Whether necessary to joint assignee
Land Law - Housing developers - Damages for late delivery - Whether purchasers must prove actual damage of loss - Whether method of calculating liquidated damages as prescribed in Housing Developers (Control and Licensing) Regulations 1989 was incapable of overriding s 75 of Contracts Act 1950 - Reasonable compensation under s 75 of Contracts Act 1950 - Whether liquidated damages prescribed in Housing Developers (Control and Licensing) Regulations 1989 constituted reasonable compensation
 

  1. Neoh Khoon Lye- vs - Trans-Intan Sdn Bhd
    12 APRIL 2002 - HIGH COURT MALAYA, PULAU PINANG
    [CIVIL SUIT NO: 22-132-2001]

CONTRACT: Building contract - Set-off - Whether right of set-off could be excluded by express words or by implication - Whether claim for set-off proper and not premature - Whether plaintiff entitled to set-off liquidated damages due to him against final progressive payment due to defendant
CIVIL PROCEDURE: Injunction - Mandatory injunction - Application for delivery of vacant possession of land - Balance of convenience - Whether damages an adequate remedy - Whether there was a serious issue to be tried - Whether case so "unusually sharp and clear" that injunction should be granted
 

  1. Lim Ee Fah & Ors  v. Seri Maju Padu  
    12 JULY 2002 -  HIGH COURT OF MALAYA
    [CIVIL APPEAL NO: MT(3) 11-3-1999]

LAND LAW:Housing developers - Damages for late delivery - Agreement to deliver vacant possession within 24 months - Date of vacant possession - Whether time to commence from date of acceptance of deposit - Whether contract deemed to have existed on receipt of deposit

 

  1. CHIHARU YABE (ZAUGG) & ANOR V. PENTADBIR TANAH WILAYAH PERSEKUTUAN KUALA LUMPUR
    05 AUGUST 2002 -  HIGH COURT MALAYA, KUALA LUMPUR
    [ORIGINATING MOTION NO: R1-25-39-2001]
    LAND LAW: Restraint on dealings - Restrictions in respect of non-citizens for purchase of property - Rejection of application to purchase property - Bumiputera quota - Whether applicable
    WORDS & PHRASES: "Bumiputera quota" - Garis Panduan Perolehan Tanah oleh Warganegara Asing/Syarikat Asing 1998
    CIVIL PROCEDURE: Appeal - Time - Limitation to file appeal - National Land Code, s. 418- Whether appeal filed beyond limitation period - Whether to be dismissed
    ADMINISTRATIVE LAW: Exercise of administrative powers - Discretion - Restrictions in respect of non-citizens for purchase of property - National Land Code, s. 433B - Requirement of approval from State Authority - Whether discretion vested in Land Executive Committee - Rejection of application to purchase property - Whether decision null and void
     
  2. Tan Tien Seng & Ors v. Grobina Resorts Sdn Bhd
    14 AUGUST 2002 - HIGH COURT [MELAKA]
    SAMAN PEMULA NO. 24-537 TAHUN 2000
    Dalam Perkara Perjanjian Jual Beli bertarikh 3 Januari 1995 berhubung dengan harta yang dikenali sebagai Parcel No. 16- 01 of No. 01-Pent 7, Tanjung Samudera Kondominium Beach Resort

"FOOTNOTE: The Court of Appeal on 5.11.07 affirmed the decision of Justice Low Hop Bing at the Melaka High Court made in 2005. The developer's appeal was dismissed with costs. The case is very important as it concerns the right of a buyer to object to changes in a housing plan made without his consent. The issues covered are:
1. to what extent can a developer make changes to the design of his condominium without getting the consent of the buyers.
2. what constitutes fundamental breach of a sale and purchase agreement."

  1. Chung May Yen v. Puncakdana Development Sdn Bhd
    20 SEPTEMBER 2002 -  HIGH COURT MALAYA, KUALA LUMPUR
    [ORIGINATING SUMMONS NO: S6-24-1604-2001]

Contract: Housing development contract - Breach - Delay in delivering vacant possession of property - Whether caused by relevant authorities - Defence of waiver - Whether defendant entitled - Whether purchaser entitled to terminate agreement
Land Law: Housing developers - Sale and purchase agreement - Non-delivery of vacant possession - Whether delay caused by relevant authorities - Whether plaintiff waived right to terminate agreement - Whether plaintiff entitled to terminate agreement
 

  1. Ng Weng Sum v. Lembah Beringin Sdn Bhd  
    21 SEPTEMBER 2002 - HIGH COURT MALAYA, KUALA LUMPUR
    [ORIGINATING SUMMONS NO: S6-24-1507-2001]

LAND LAW: Housing developers - Sale and purchase agreement - Defendant failed to complete and deliver vacant possession within stipulated time - Whether time was of essence of contract - Whether plaintiff entitled to terminate agreement - Whether defendant had established a good defence -Whether defendant had applied for extension of time
 

  1. Honour Properties Sdn Bhd & Anor V. Duniaga Sdn Bhd
    30 SEPTEMBER 2002 - HIGH COURT MALAYA, PENANG
    [COMPANIES WINDING UP NOS: 28-43-1997 & 28-51-1997]

COMPANY LAW: Winding-up - Housing developer - Consent judgment - Consent judgment by creditors to distribute progress payment payable to developer among themselves - Whether ultra vires - Whether to be set aside for illegality - Progress payment thereof - Whether to be remitted to developer's Housing Development Account - Companies Act 1965 s. 221- Housing Developers (Control And Licensing ) Act 1966 ss. 7A, 24- Housing Developers (Housing Development Account) Regulations 1991 rr. 4, 7
 

  1. Archlaw Development Sdn Bhd v. Saw Ewe Leong
    16 OCTOBER 2002 -  HIGH COURT MALAYA, PENANG
    [ORIGINATING SUMMONS NO: 22-298-2002]
    The plaintiff is a housing developer and was at all material times developing a housing project known as Rumah Pangsa Kos Rendah on Lots 1518, 1521, 816 and 824, Mukim 12, S.W.D., Daerah Barat Daya, Permatang Damar Laut, Pulau Pinang.
     
  2. Hariram Jayaram & Ors v. Sentul Raya Sdn Bhd
    21 OCTOBER 2002 - HIGH COURT MALAYA, KUALA LUMPUR
    [ORIGINATING SUMMONS NO: S5-24-1213-2002]

LAND LAW: Housing developers - Sale and purchase agreement - Non-delivery of vacant possession - Damages - Claim for - Whether purchasers prevented from claiming damages - Whether to rescind contract before making claim - Contracts Act 1950, s. 56(3)- Whether claim allowed under Housing Developers (Control and Licensing) Act 1966
STATUTORY INTERPRETATION: Cannons of construction - Generalia specialibus non derogant - Sale and purchase of land agreement - Whether Contracts Act 1950applicable - Whether Housing Developers (Control and Licensing) Act 1966governing statute - Whether specific laws ought to be applied as opposed to general legislation
CONTRACT: Housing development contract - Breach - Non-delivery of vacant possession - Damages - Claim for - Notice to claim compensation - Absence of - Whether purchasers prevented from claiming damages - Whether to rescind contract before making claim - Contracts Act 1950, s. 56(3)- Whether applicable
 

  1. Sinwara Sdn Bhd V. Maris Housing Sdn Bhd & Anor
    26 NOVEMBER 2002 - HIGH COURT [KUALA LUMPUR]
    SAMAN PEMULA NO: S6(S2)-24-3114-2001

Right to increase the management fee, and if so, whether the Plaintiff must pay before strata title is issued
 

  1. Arab-Malaysian Finance Bhd v. Steven Phoa Cheng Loon & Ors
    03 DECEMBER 2002 - COURT OF APPEAL, KUALA LUMPUR
    [CIVIL APPEAL NOS: W-01-68-2000, W-01-67-2000, W-01-69-2000 & W-02-602-2000]

Tort: Negligence - Collapse of high-rise block of apartments - Loss in value of neighbouring blocks of apartments - Appeal by defendants against liability - Whether defendants owed a duty of care - Whether they breached duty - Whether there was causation - Remoteness of damage - Pure economic loss - Whether recoverabel - Whether recoverable if reasonably foreseeable
Civil Procedure: Pleadings - Departure from - Judge decided on issue against defendant that was not raised in pleadings - Whether judge erred - Whether defendants had, by conduct, entered upon issue during evidence and argument - Whether defendants were not prejudiced
Tort: Negligence - Title to sue - Collapse of high-rise block of apartments - Claim by residents/plaintiffs of neighbouring blocks for loss in value - Whether they had title to sue - Whether possessory titles sufficient
Tort: Negligence - Local Authority - Breach of duty of care - Idemnity - Whether s. 95(2) Street, Drainage and Building Act 1974 applicable - Whether action barred by limitation
Tort: Nuisance - Failure to maintain drains - Failure thereof led to landslide causign collapse of high-rise block of apartments - Whether a case of actionable nuisance - Loss in value of neighbouring blocks of apartments - Whether recoverable - Remoteness of damage - Whether test of reasonable foreseeability
 

Indefeasibility of Title!
 
The same ruling may apply in Singapore case as we share almost the same legal system with Malaysia!
 
The ruling by its Federal Court had opened a flood gate for thefts of properties! It is shocking!
 
There is never a question asked on the part of due delegent checks by the various parties involved!
 
Of course we should not penalise the buyers who bought on good faith.
 
It certainly reflects negligence and something deeper! It seems nothing can be done! Except to wait for some BIG SHOTS (Like Judges and Ministers to be cheated the same way!)
 
No justice done!
 

Only four people were arrested over the offences last year and just one this year.

 

 

Checklist Malaysia

Laws Related To Foreign Investment

Laws Related To Foreign Investment

 

The List of laws below is provided for general reference only and is not necessarily comprehensive. Please obtain legal advice as and when appropriate. The Attorney General's Chambers of Malaysia shall not be liable for any error in or omission from the list. If you cannot view it from this site. Click on the link above .

Banking and Finance Laws

Commercial Laws

  1. Financial Procedur Act 1957 [Act 61]
  2. Government Funding Act 1983 [Act 275]
  3. Islamic Banking Act 1983 [Act 276]
  4. Takaful Act 1984 [Act 312]
  5. Banking and Financial Institutions Act 1989 [Act 372]
  6. Offshore Banking Act 1990 [Act 443]
  7. Labuan Offshore Financial Services Authority Act 1996 [Act 545]
  1. Contracts Act 1950 [Act 136]
  2. Commercial Vehicle Licensing Board Act 1987 [Act 334]

 

Corporate and Business Laws

Constitutional Law

  1. Registration of Businesses Act 1956 [Act 197]
  2. Partnership Act 1961 [Act 135]
  3. Companies Act 1965 [Act 125] [1-50] [51-100] [101-150] [151-200] [201-250] [251-300]
    [
    301-350] [351-400] [401-450] [451-512]
  4. Offshore Companies Act 1990 [Act 441]
  5. Labuan Trust Companies Act 1990 [Act 442]
  6. Labuan Offshore Limited Partnerships Act 1997 [Act 565]
  7. Companies Commission of Malaysia Act 2001 [Act 614]
  1. Federal Constitution
    [ English ] [ B. Melayu ]

Customs Laws

Development Corridor Laws

  1. Customs Act 1967 [Act 235]
  2. Countervailing and Anti-Dumping Duties Act 1993 [Act 504]
  1. Iskandar Regional Development Authority Act 2007 [Act 664]
  2. Northern Corridor Implementation Authority Act 2008 [Act 687] (Not yet in force)
  3. East Coast Economic Region Development Council Act 2008 [Act 688] (Not yet in force)

Dispute Settlement Laws

Employment Laws

  1. Reciprocal Enforcement of Judgments Act 1958 [Act 99] (Translation also available in Arabic, Chinese and French)
  2. Convention on the Settlement of Disputes Act 1966 [Act 392]
  3. Arbitration Act 2005 [ Act 646]
  1. Sabah Labour Ordinance 1950 [Cap 67]
  2. Sarawak Labour Ordinance 1952 [Cap 76]
  3. Workmen’s Compensation Act 1952 [Act 273]
  4. Employment Act 1955 [Act 265]
  5. Trade Unions Act 1959 [Act 262]
  6. Industrial Relations Act 1967 [Act 177]
  7. Employees’ Social Security Act 1969 [Act 4]
  8. Employees Provident Fund Act 1991 [Act 452]
  9. Occupational Safety and Health Act 1994 [Act 514]

Environmental Law

Immigration Law

  1. Environmental Quality Act 1974 [Act 127]
  1. Immigration Act 1959/63 [Act 155]

Industrial Laws

Insurance Laws

  1. Petroleum Development Act 1974 [Act 144]
  2. Industrial Co-ordination Act 1975 [Act 156]
  3. Free Zones Act 1990 [Act 438]
  4. Malaysian Communications and Multimedia Act 1998 [Act 588]
  5. Malaysian Communications and Multimedia Commission Act 1998 [Act 589]
  1. Offshore Insurance Act 1990 [Act 444]
  2. Insurance Act 1996 [Act 553]

Intellectual Property Laws

Land Laws

  1. Trade Marks Act 1976 [Act 175]
  2. Patents Act 1983 [Act 291]
  3. Copyright Act 1987 [Act 332]
  4. Industrial Designs Act 1996 [Act 552]
  5. Layout-Designs of Integrated Circuits Act 2000 [Act 601]
  6. Geographical Indications Act 2000 [Act 602]
  7. Optical Discs Act 2000 [Act 606]
  1. National Land Code
  2. Sabah Land Ordinance [Cap 68]
  3. Sarawak Land Code 1958
  4. Land Acquisition Act 1960 [Act 486]
  5. Strata Titles Act 1985 [Act 318]

Local Government Laws

Promotion of Investment Laws

  1. Town And Country Planning Act 1976 [Act 172]
  2. Local Government Act 1976 [Act 171]
  3. Street, Drainage And Building Act 1974 [Act 133] [1-50] [51-100] [101-131]
  1. Promotion of Investments Act 1986 [Act 327]

Securities Laws

Shipping Law

  1. Securities Industry (Central Depositories) Act 1991 [Act 453]
  2. Securities Commission Act 1993 [Act 498]
  3. Labuan Offshore Trusts Act 1996 [Act 554]
  4. Labuan Offshore Securities Industry Act 1998 [Act 579]
  5. Demutualisation (Kuala Lumpur Stock Exchange) Act 2003 [Act 632]
  6. Safeguards Act 2007 [Act 657]
  7. Capital Markets and Services Act 2007 [Act 671]
  1. Merchant Shipping Ordinance 1952

Taxation Laws

 

  1. Stamp Act 1949 [Act 378]
  2. Income Tax Act 1967 [Act 53]
  3. Excise Act 1967 [Act 176]
  4. Sales Tax Act 1972 [Act 64]
  5. Service Tax Act 1975 [Act 151]
  6. Real Property Gains Tax Act 1976 [Act 169]
  7. Labuan Offshore Business Activity Tax Act 1990 [Act 445]

 

 

 

 

National Land Code applied at
Peninsular Malaysia on 1 January 1966 effectively. However, all the states has their own land law as below:-

Negeri Sembilan, Pahang, Perak and Selangor are under Land Code Cap. 138

Melaka and Pulau Pinang are under Land Code Cap. 113

Johor is under Land Enactment No. 1

Kedah is under Land Enactment No. 56

Kelantan is under Land Enactment No. 1938

Perlis is under Land Enactment No. 1356

Terengganu is under Land Enactment No. 1357

Land scams

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