KUALA LUMPUR: Law experts say the Federal Court's landmark decision on
fraudulent land transfers will prevent many people from being victimised in
future.
Prof Salleh Buang, a senior adviser to a company specialising in competitive
intelligence, said: "Land and property owners can now sleep peacefully. I am
definitely delighted with the news. I'm glad that the ruling has finally been
overturned."
Salleh, who in the past had been very vocal about the decision by then Chief
Justice Tun Eusoff Chin in the case of Adorna Properties Sdn Bhd vs Boonsom
Boonyanit, said that innocent landowners and purchasers should always be
protected.
"The previous decision had caused innocent landowners and purchasers, who bought
property thinking that they were doing it legitimately, ended up being on the
losing side.
"These two parties are the innocent ones, and because of a third party with
fraudulent intentions, the innocent people are forced to pay for it," said
Salleh, who is also active in public speaking as well as a prolific author of
numerous reputable legal textbooks.
When asked if victims of previous cases could take their cases to court, Salleh
said: "I'm not sure whether previous cases can now be reviewed, but I'm sure
this will be a major talking point."
The professor, who writes a weekly column on land matters in a local daily,
added that there were a small number of lawyers who agreed with Eusoff Chin.
However, a majority of people disagreed with the decision that had caused
problems to many innocent victims.
Counsel for Bar Council, Roger Tan, who is also a former Chairman of its
Conveyancing Practise Committee, described the decision as a victory for all
landowners in the country.
He said the Bar Council welcomed the decision despite a "gruelling" wait of more
than nine years.
"The Bar hopes that judges below will from now on follow the decision made by
the Federal Court, and that no judge will deviate from this decision on the
grounds that there now exists two conflicting decisions of the Federal Court
because yesterday's decision is equivalent to having overruled or reversed
Adorna Properties decision," said Tan.
Tan and another Bar Council representative held a watching brief for the Bar
Council.
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