Uni-Auto Kredit Sdn. Bhd. Syarikat Perumahan Negara Berhad

Uni-Auto Kredit Sdn. Bhd. Syarikat Perumahan Negara Berhad

The originating summons for an order for sale was dismissed with costs because third‑party caveats were registered and the plaintiff did not seek to remove or deal with those caveats prior to seeking an order for sale; equity requires protection of innocent third parties and the chargee must come to court free of...

Source-derived case information.

Citation
PA-24FC-102-04/2021 (Mahkamah Tinggi)
Parties
PLAINTIF: UNI-AUTO KREDIT SDN. BHD.; DEFENDAN: SYARIKAT PERUMAHAN NEGARA BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 November 2022
Case Number
PA-24FC-102-04/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (saman Pemula) Under National Land Code / Judgment
Outcome
Originating summons (Lampiran 1) dismissed with costs
Legal Topics
Order for Sale of Charged Land, Remedial Notice Under S.254 NLC, Caveats and Protection of Third Parties, Compliance With Kaedah‑kaedah Mahkamah 2012 Aturan 83
Land Law Security Interests / Charge Equity Civil Procedure Order for Sale of Charged Land Remedial Notice Under S.254 NLC Caveats and Protection of Third Parties Compliance With Kaedah‑kaedah Mahkamah 2012 Aturan 83

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Parties

UNI-AUTO KREDIT SDN. BHD.

PLAINTIF

SYARIKAT PERUMAHAN NEGARA BERHAD

DEFENDAN

Procedural Posture

Originating Summons (saman Pemula) Under National Land Code / Judgment

Legal Issues

  1. 1 Whether plaintiff entitled to order for sale under ss.256–257 Kanun Tanah Negara
  2. 2 Whether remedy notice (Borang 16D / notis tuntutan) complied with s.254 Kanun Tanah Negara
  3. 3 Whether requirements of Aturan 83 KKM 2012 were complied with

Ratio Decidendi

The originating summons for an order for sale was dismissed with costs because third‑party caveats were registered and the plaintiff did not seek to remove or deal with those caveats prior to seeking an order for sale; equity requires protection of innocent third parties and the chargee must come to court free of fault; procedural issues raised were not fatal but the presence of unresolved caveats justified refusal of the sale order.

Court Disposition

Originating summons (Lampiran 1) dismissed with costs

Orders

  • Originating summons (Lampiran 1) dismissed with costs