PUBLIC BANK BERHAD (COMPANY NO: 6463-H) 1.LH BINTANG DEVELOPMENT SDN. BHD. (COMPANY NO: 56720-T) 2. CITRA TANI SDN BHD (COMPANY NO: 189592-X)

PUBLIC BANK BERHAD (COMPANY NO: 6463-H) 1.LH BINTANG DEVELOPMENT SDN. BHD. (COMPANY NO: 56720-T) 2. CITRA TANI SDN BHD (COMPANY NO: 189592-X)

The register continued to show the 'Lot untuk Bumiputera' restriction and, absent compliance with section 124(7) to effect a formal amendment, the 1998 letter did not remove the restriction; the SAR's reserve price of MYR195,000 per lot—derived from a valuation that took the restriction into account—was reasonable and should not be disturbed; therefore the appeal was dismissed.

Citation
JA-38-1251-10/2018 (Mahkamah Tinggi)
Parties
Plaintiff/respondent: PUBLIC BANK BERHAD; First Defendant: LH BINTANG DEVELOPMENT SDN. BHD.; Second Defendant/appellant: CITRA TANI SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2019
Case Number
JA-38-1251-10/2018 (Mahkamah Tinggi)
Procedural Posture
Originating Summons for Order for Sale and Application for Auction Directions; Appeal Against Sar's Order for Auction Directions / Appeal Heard and Decided in the High Court, Johor Bahru (judgment)
Outcome
Appeal dismissed
Legal Topics
Bumiputra Land Restriction, Reserve Price Determination for Auction, Conclusive Effect of Register, Interpretation of National Land Code Provisions, Valuation Methodology
Source Language
Malay/English
Land Law Property Civil Procedure Valuation Law Bumiputra Land Restriction Reserve Price Determination for Auction Conclusive Effect of Register Interpretation of National Land Code Provisions +1 more

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Parties

PUBLIC BANK BERHAD

Plaintiff/respondent

LH BINTANG DEVELOPMENT SDN. BHD.

First Defendant

CITRA TANI SDN BHD

Second Defendant/appellant

Procedural Posture

Originating Summons for Order for Sale and Application for Auction Directions; Appeal Against Sar's Order for Auction Directions / Appeal Heard and Decided in the High Court, Johor Bahru (judgment)

Legal Issues

  1. 1 Whether the lands are subject to the 'Lot untuk Bumiputera' restriction
  2. 2 Whether a 1998 letter can remove the restriction absent amendment of the register under the NLC
  3. 3 Whether the reserve price of MYR195,000 per lot fixed by the SAR is appropriate given the restriction and valuation evidence

Ratio Decidendi

The register continued to show the 'Lot untuk Bumiputera' restriction and, absent compliance with section 124(7) to effect a formal amendment, the 1998 letter did not remove the restriction; the SAR's reserve price of MYR195,000 per lot—derived from a valuation that took the restriction into account—was reasonable and should not be disturbed; therefore the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order for Auction Directions dated 29 July 2019 upheld; reserve price fixed at MYR195,000 for each lot and auction to proceed