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 of title remained endorsed with the 'Lot untuk Bumiputera' restriction and, absent evidence that the Land Administrator/Registrar had effected the amendment required by section 124(7) to reflect the 1998 letter, the restriction was conclusive under section 89. The SAR's reserve price of MYR195,000 per...

Source-derived case information.

Citation
JA-38-1252-10/2018 (Mahkamah Tinggi)
Parties
Plaintiff/respondent: Public Bank Berhad; Defendant: As LH Bintang Development Sdn. Bhd.; Defendant/appellant: Citra Tani Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2019
Case Number
JA-38-1252-10/2018 (Mahkamah Tinggi)
Procedural Posture
Originating Summons for Directions to Auction Lands Pursuant to Order for Sale (enforcement of Charge) / Appeal From Senior Assistant Registrar's Order for Auction Directions
Outcome
Appeal dismissed
Legal Topics
Bumiputra Restriction, Reserve Price Determination, Conclusiveness of Register, Section 124 Variation Procedure, Auction Directions
Land Law Property Civil Procedure Valuation Law Bumiputra Restriction Reserve Price Determination Conclusiveness of Register Section 124 Variation Procedure +1 more

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Parties

Public Bank Berhad

Plaintiff/respondent

As LH Bintang Development Sdn. Bhd.

Defendant

Citra Tani Sdn. Bhd.

Defendant/appellant

Procedural Posture

Originating Summons for Directions to Auction Lands Pursuant to Order for Sale (enforcement of Charge) / Appeal From Senior Assistant Registrar's Order for Auction Directions

Legal Issues

  1. 1 Whether the lands are subject to the 'Lot untuk Bumiputera' restriction
  2. 2 Whether a 1998 letter overrides the registered restriction absent amendment to the title register
  3. 3 Whether the reserve price fixed by the SAR (MYR195,000 per lot) was manifestly incorrect given the restriction

Ratio Decidendi

The register of title remained endorsed with the 'Lot untuk Bumiputera' restriction and, absent evidence that the Land Administrator/Registrar had effected the amendment required by section 124(7) to reflect the 1998 letter, the restriction was conclusive under section 89. The SAR's reserve price of MYR195,000 per lot, based on a valuation reflecting the restriction, was appropriate and not to be disturbed; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order for Auction Directions dated 29 July 2019 maintained