Event

Event

 

CPD Legal Learning Lab | Caveat Emptor: Dissecting The Latest (29.07.2024) FC Judgment of Setiakon V Mak Yan Tai on Defeasibility (Land Law)

10 Sep 2024 - Tue / 1 day / 3:00pm - 5:00pm / Raja Aziz Addruse Auditorium, 2nd Floor, Wisma Badan Peguam Malaysia, No. 2 Leboh Pasar Besar, 50050 Kuala Lumpur

The following topics will be discussed in this seminar:

  • A discussion as to the legislative outline of the National Land Code (“NLC”) on the conclusiveness of the title and defeasibility;
  • A discussion on various cases leading up to Setiakon;
  • A dissection of the facts of Setiakon and the final majority judgment;
  • Contrasting the findings of the minority judgment; and
  • Probable impacts to conveyancers and prudent steps that might be taken.
Member (SLS & AAS): RM 90
Member: RM 90
Law Student: RM 50
Pupil in Chambers: RM 50
Non-Member: RM 180
Organisers: Bar Council

CPD: Legal Learning Lab
CPD Points: 2
Event Code:
T3/10092024/BC/BC241169/2

Description

The Federal Court in Setiakon v Mak Yan Tai [Civil Appeal No.02(f)-55-09/2023(W)] has recently released its Grounds of Judgment on 29 July 2024. A seven-member panel vigorously determined the matter and delved into complex issues involving fraud, good faith and whether a person is an immediate or subsequent purchaser. Setiakon, which paid a sum of close to RM17 million for the land, was found to have been an “immediate purchaser” whose acquisition of the land was defeasible.

The following topics will be discussed in this seminar:

  • A discussion as to the legislative outline of the National Land Code (“NLC”) on the conclusiveness of the title and defeasibility;
  • A discussion on various cases leading up to Setiakon;
  • A dissection of the facts of Setiakon and the final majority judgment;
  • Contrasting the findings of the minority judgment; and
  • Probable impacts to conveyancers and prudent steps that might be taken.

Speaker

Gavin Jayapal is a graduate of the University of Leeds and a Barrister-at-Law of the Middle Temple. He also holds a Master of Laws from Universiti Malaya.

Gavin’s primary area of practice is civil and commercial litigation. He runs a boutique practice in Petaling Jaya. He firmly believes that the words “written submissions only, decision 2 weeks later” ought to be outlawed.

Gavin appears at the High Court, Court of Appeal and Federal Court.

Terms and Conditions

Event Policy

Places are limited and registration is on a first-come, first-served basis.

For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.

For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.

Cancellation 

Cancellations must be made in writing.

If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.

Refunds 

Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:

  • Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
  • No refunds for this course. However substitution is allowed.

The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.

Transferral

You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.

Attendance 

CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.

Privacy 

The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.

Disclaimer

  • Materials will be emailed only. No printed notes will be provided.
  • No recording of the event is permitted via any means at any time.
  • No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).

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