UDL3622 Land Law II Tri 2, 2018/2019

Topic 3 Transfers

Tutorials 02-03

1. What are capable of being transferred? Discuss also the restrictions imposed on the
Transfer of land under the National Land Code 1965.

Discuss also the following cases:

Toh Huat Khay v Lim A Chang [2010] 4 MLJ 312; [2010] 7 CLJ 261 FC
Takako Sakao v Ng Pek Yuen & Anor [2010] 1 CLJ 381 FC

2. Brian is the registered proprietor of a piece of land, Lot 268. On it, he has built 3
houses. He and his family occupy one of the houses.

(a) Brian wants to sell one of the houses to Ahmad. How may the transfer be effected?

(b) Assuming that Brian has sold Ahmad the house under a sale and purchase
agreement. Ahmad now wants to sell the house to Ali, but there is no separate title to
the house. How may Ahmad effect the sale?
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(c) Brian wants to transfer the 3 house to Tom and his wife, Milly as co-owners. How
may this be done?

(d) What would be the position of the transfer in favour of Tom and Milly if Brian dies
two week later but before the presentation of transfer for registration?

3. Based on relevant cases, analyse the term “stakeholder” from the following aspects:

(a) Definition, status and; duties; and

(b) Who shall bear the loss, vendor or purchaser, in the event that the stakeholder has
absconded with the purchase money?

4. Read the following cases for discussion:

(a) Lysaght v Edwards (1876) 2 Ch D 499

(b) Borneo Housing Mortgage Finance Bhd. v Time Engineering Bhd. [1996] 2 MLJ 12
(c) Perwira Habib Bank Malaysia Bhd. v Loo & Sons Realty Sdn. Bhd. [1996] 4 CLJ 171
(d) Ong Chat Pang v Valliappa Chettiar [1971] 1 MLJ 224 FC
(e) Karuppiah Chettiar v Subramaniam [1971] 2 MLJ 116 FC
(f) Inter Rally Motor Sdn Bhd v Karupiah a/l Palaniasamy [1992] 1 CLJ 432
(g) Temenggong Securities Ltd & Anor v Registrar of Titles & Ors [1974] 2 MLJ 45 FC
(h) William v Greatrex [1957] 1 WLR 31

Prepared by Amir Nur Ikhwan Amernudin, FOL, MMU Page 1 of 3

(i) Toh Theam Hock v Kemajuan Perwira Management Corp Sdn. Bhd. [1988] 1 MLJ
116 FC
(j) Kuldip Singh & Anor v Lembaga Letrik Negara [1983] 1 MLJ 256
(k) Wong Kiong Hung v Chang Siew Lan [2009] 3 CLJ 751 CA

Written Exercise

Prepared by Amir Nur Ikhwan Amernudin, FOL, MMU Page 2 of 3

5. In 2008, Mickey, the registered proprietor of a two-storey shop house, contracted to
grant a 10 year lease of the ground floor to Donald to run an Indian cuisine restaurant
business. Even though the contract required Mickey to execute a lease instrument for the
purpose of registering a lease, the parties delayed over the matter. Meanwhile Donald
entered and took possession of the premises.

Last year, Mickey contracted to sell the whole shop house to Pluto. As Mickey did not
engage the service of a lawyer, they (Mickey and Pluto) decided to appoint Pluto’s
solicitor as the stakeholder in the transaction. Pluto paid the full purchase price to the
solicitor. The transfer was registered. Most unfortunate for them, the solicitor absconded
with the purchase money and could not be traced.

(a) Who, in between Mickey and Pluto, has to bear the loss caused by the misdeed of the
solicitor?
(12 ½ marks)

[Question 3(a), Tri 2, 2014/2015, Final]

Prepared by Amir Nur Ikhwan Amernudin, FOL, MMU Page 3 of 3