MUSTAPHA BIN ABD KADIR OCBC AL-AMIN BANK BERHAD

MUSTAPHA BIN ABD KADIR OCBC AL-AMIN BANK BERHAD

The appeal is dismissed because the defendant failed to prove deliberate or wilful bad faith by the plaintiff, failed to adduce its own valuation to rebut the plaintiff's valuation, and the Registrar acted within her discretion in fixing the reserve price at MYR520000; the court, not the chargee, determines the reserve price and any negligence remedy is pursued post‑sale.

Citation
JA-38-1601-12/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Mustapha bin Abd Kadir; Respondent/plaintiff: OCBC Al‑Amin Bank Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 September 2020
Case Number
JA-38-1601-12/2019 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Execution Application / Appeal Against Registrar's Determination of Auction Date and Reserve Price
Outcome
Appeal dismissed with costs
Legal Topics
Charge/mortgage, Reserve Price Determination, Valuation of Property, Duty of Care of Chargee, Public Auction Procedure
Source Language
Malay/English
Land Law Civil Procedure Evidence Charge/mortgage Reserve Price Determination Valuation of Property Duty of Care of Chargee Public Auction Procedure

Case Brief

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Parties

Mustapha bin Abd Kadir

Appellant/defendant

OCBC Al‑Amin Bank Berhad

Respondent/plaintiff

Procedural Posture

Originating Summons / Execution Application / Appeal Against Registrar's Determination of Auction Date and Reserve Price

Legal Issues

  1. 1 Whether the Registrar erred in fixing the reserve price for the auction
  2. 2 Whether the chargee (plaintiff) acted in bad faith or with deliberate/wilful conduct in valuation
  3. 3 Whether the defendant bore the burden to prove bad faith under Evidence Act s103

Ratio Decidendi

The appeal is dismissed because the defendant failed to prove deliberate or wilful bad faith by the plaintiff, failed to adduce its own valuation to rebut the plaintiff's valuation, and the Registrar acted within her discretion in fixing the reserve price at MYR520000; the court, not the chargee, determines the reserve price and any negligence remedy is pursued post‑sale.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Reserve price of MYR520000 stands and auction may proceed