CIMB BANK BERHAD SIVADEVI A/P SIVALINGAM

CIMB BANK BERHAD SIVADEVI A/P SIVALINGAM

Section 21(1) of the Limitation Act 1953 applies to proceedings by a chargee for an order for sale under the National Land Code and the twelve-year limitation period begins to run only upon expiry of the statutory notice period (Form 16D/16E) when, under s254(3)(a), the whole sum secured becomes due and payable and the right to receive the money has accrued.

Citation
02(f)-62-08/2018 (J) (Mahkamah Persekutuan)
Parties
Appellant / Plaintiff: CIMB Bank Berhad; Respondent / Defendant: Sivadevi a/p Sivalingam
Court
f
Jurisdiction
Malaysia
Judgment Date
15 November 2019
Case Number
02(f)-62-08/2018 (J) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal (federal Court) / Final Decision (judgment)
Outcome
Appeal allowed with costs; Court of Appeal decision set aside; High Court order reinstated.
Legal Topics
Limitation Periods, Enforcement of Charge/foreclosure, Statutory Notices (form 16 D/16 E), Order for Sale Under National Land Code
Source Language
Malay/English
Limitation Law Land Law Contract Law Procedural Law Limitation Periods Enforcement of Charge/foreclosure Statutory Notices (form 16 D/16 E) Order for Sale Under National Land Code

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Parties

CIMB Bank Berhad

Appellant / Plaintiff

Sivadevi a/p Sivalingam

Respondent / Defendant

Procedural Posture

Civil Appeal (federal Court) / Final Decision (judgment)

Legal Issues

  1. 1 Whether s21(1) or s21(2) Limitation Act 1953 applies to proceedings by a chargee for sale of land under the National Land Code
  2. 2 When the limitation period begins to run for enforcement of a charge: on default, on expiry of statutory notice (Form 16D/16E), or on registration of charge
  3. 3 Whether ss254-256 NLC are substantive or procedural and whether Form 16D is a prerequisite event triggering cause of action

Ratio Decidendi

Section 21(1) of the Limitation Act 1953 applies to proceedings by a chargee for an order for sale under the National Land Code and the twelve-year limitation period begins to run only upon expiry of the statutory notice period (Form 16D/16E) when, under s254(3)(a), the whole sum secured becomes due and payable and the right to receive the money has accrued.

Court Disposition

Appeal allowed with costs; Court of Appeal decision set aside; High Court order reinstated.

Orders

  • Appeal allowed with costs
  • Court of Appeal decision set aside