BI CREDIT & LEASING BERHAD ENG CHEN CHEN

BI CREDIT & LEASING BERHAD ENG CHEN CHEN

The court held that material disputes of fact exist as to whether the Land Administrator's subsequent decisions were communicated in the mandatory manner required by the NLC and that limitation under s418 had not been properly pleaded by the Plaintiff; therefore the matter could not be resolved on an Order 14A summary application and must proceed to full trial. The Order 14A application was dismissed with costs.

Citation
JA-22NCvC-187-09/2018 (Mahkamah Tinggi)
Parties
Plaintiff: BI CREDIT & LEASING BERHAD; Defendant: ENG CHEN CHEN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 August 2022
Case Number
JA-22NCvC-187-09/2018 (Mahkamah Tinggi)
Procedural Posture
Mortgage/land Recovery (civil) / Interlocutory: Order 14 a Application to Strike/summary Disposal
Outcome
Order 14A application dismissed; material factual disputes require full trial; costs awarded to Defendant.
Legal Topics
Order for Sale (ofs) Under National Land Code, Limitation Act 1953 S21 (12 Year Bar), National Land Code 1965 Ss260 265, 264, 418 (communication and Appeal), Procedure: Appeal Vs Collateral Challenge/counter Claim, Nullity of Sale and Entitlement to Proceeds
Source Language
Malay/English
Land Law Limitation Law Civil Procedure Contract/secured Lending Order for Sale (ofs) Under National Land Code Limitation Act 1953 S21 (12 Year Bar) National Land Code 1965 Ss260 265, 264, 418 (communication and Appeal) Procedure: Appeal Vs Collateral Challenge/counter Claim +1 more

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Parties

BI CREDIT & LEASING BERHAD

Plaintiff

ENG CHEN CHEN

Defendant

Procedural Posture

Mortgage/land Recovery (civil) / Interlocutory: Order 14 a Application to Strike/summary Disposal

Legal Issues

  1. 1 Whether defendant's counter-claim challenging the Land Administrator's order for sale is subject to the three-month appeal limitation in NLC s418
  2. 2 Whether the counter-claim is time-barred for failing to comply with NLC s418
  3. 3 Whether defendant adopted correct procedure to set aside the auction (appeal under s418 v counter-claim/collateral attack)

Ratio Decidendi

The court held that material disputes of fact exist as to whether the Land Administrator's subsequent decisions were communicated in the mandatory manner required by the NLC and that limitation under s418 had not been properly pleaded by the Plaintiff; therefore the matter could not be resolved on an Order 14A summary application and must proceed to full trial. The Order 14A application was dismissed with costs.

Court Disposition

Order 14A application dismissed; material factual disputes require full trial; costs awarded to Defendant.

Orders

  • Application under Order 14A dismissed
  • Costs awarded to Defendant in the sum of MYR 3,000.00