Cases for transfer

Peter Lai Khee Chin & anor v Collector of Stamp

Duties [1973] 2 MLJ
Issue: In gifting his wife an undivided half
interest in the land, the appellant (registered
proprietor) transfers the land to himself and his
wife (as co- proprietors).
 Cases for transfer
JC & MC Sdn Bhd & Anor v MATAD Sdn Bhd
2nd Plf and Dft enters into JVA, following which
they are now joint owners of the land in equal
proportions. 2nd Plf desires to dispose of its half
undivided share in the land. Pursuant to Clauses 6
& 7 of the JVA, 2nd Plf wrote to Dft seeking Dfts
consent. Dft claims this contravenes s. 214(1)(b)
 Cases for solicitors duty
Mulpha Kluang Maritime Carriers Sdn Bhd v Philip
Koh Tong Ngee & Ors [2016] 10 MLJ 517
Plf sought legal advice from the Dfts for the S&P
of 2 lots of land. After full payment of the
purchase price, the Plf discovered that parts of the
2 lots have been surrendered to the S.A. The
surrendered area was endorsed on the IDT and on
land searches conducted by the Dfts.
Q: Whether the dfts owed (and breached) a duty
of care as solicitor for Plf in handling the S&P of the
2 lots? What is the test?
 Cases for solicitors duty
Chang Yun Tai & Ors v HSBC Bank (M) Bhd &
Other Appeals [2011] 7 CLJ 909
Appellants entered into S&P with a developer
and obtained financing from the Resp (financier).
Appellants alleged that the S7P entered between
them and the developer was void in law and
therefore the Financing Agreements signed with the
Resp were void and were of no effect.
Q: Whether the Resp had the duty to enquire
and/or ensure that the S7P was free from illegalities
 Cases for Bare Trust
Ong Chat Pang & Anor v Valiappa Chettiar
2/11/1957 - Plf entered into a written agreement with
the 1st and 2nd Dfts to purchase a piece of land for 30k. Plf
paid 15k towards the purchase.
24/1/1958 - Plf presented a caveat on the land.
On the same day, the 3rd and 4th Dfts approached Plf
and offered 10k to give up his rights and withdraw the
caveat. Plf refused.
25/1/1958 Plf discovered his caveat has been
rejected and the land had been registered in the names
of the 3rd and 4th Dfts in pursuant to an instrument of
transfer executed on 14/1/1958, stamped and
registered on 30/1/1958.
 Cases for Bare Trust
Q: What is the position of Plf? What is the status of
the S&P?

Temenggong Securities Ltd v Registrar of Titles, Johore

& Ors [1974] 2 MLJ 45
Appellants entered into S&P of lands belonging to a
private company. MOT was presented for registration on
14/12/1972. On 19/12/1972, the Government obtained
judgment against the vendor for unpaid income tax. PO
was registered on the RDT. On 15/3/1973, Appellants
were informed that the MOT was rejected.
Q: What is the position of the Appellants?