CIMB BANK BERHAD 1. ) QUICKPACK (MALAYSIA) BERHAD 2. ) Pentadbir Tanah Daerah Hulu Langat

CIMB BANK BERHAD 1. ) QUICKPACK (MALAYSIA) BERHAD 2. ) Pentadbir Tanah Daerah Hulu Langat

The court held the Land Administrator erred in finding Form 16D was irregular because service by A.R. registered post and on known directors complied with section 431(1)(b)(ii); the vesting order was valid and did not defeat the Plaintiff's standing (vesting under BAFIA/FSA takes effect notwithstanding registration); statutory requirements for Form 16D/Form 16H and notice periods were satisfied (including post‑2017 amendment); therefore there was no cause to the contrary to refuse an order for sale and the Plaintiff's requests were allowed while the First Defendant's strike‑out application was dismissed.

Citation
BA-24NCvC-493-04/2022 (Mahkamah Tinggi)
Parties
Plaintiff: CIMB Bank Berhad; First Defendant: Quickpack (Malaysia) Sdn Bhd; Second Defendant: Pentadbir Tanah Hulu Langat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 January 2024
Case Number
BA-24NCvC-493-04/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (appeal Under Section 418 National Land Code) Concerning Foreclosure/third Party Charge / Judgment on Originating Summons and Striking Out Application
Outcome
Plaintiff's Originating Summons allowed in part; First Defendant's striking out application (Enclosure 6) dismissed
Legal Topics
Foreclosure, Third Party Charge, Service of Statutory Notice (form 16 D), Vesting Order, Appeal Under Section 418 NLC, Compliance With Form 16 H/263 NLC, Effect of Company Liquidation on Service
Source Language
Malay/English
Land Law Property Law Banking Law Civil Procedure Foreclosure Third Party Charge Service of Statutory Notice (form 16 D) Vesting Order +3 more

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Parties

CIMB Bank Berhad

Plaintiff

Quickpack (Malaysia) Sdn Bhd

First Defendant

Pentadbir Tanah Hulu Langat

Second Defendant

Procedural Posture

Originating Summons (appeal Under Section 418 National Land Code) Concerning Foreclosure/third Party Charge / Judgment on Originating Summons and Striking Out Application

Legal Issues

  1. 1 Whether service of Form 16D on the chargor (First Defendant) was defective
  2. 2 Whether Plaintiff is an aggrieved party under section 418 NLC and proper party to sue given a vesting order
  3. 3 Validity and effect of the vesting order and need for registration

Ratio Decidendi

The court held the Land Administrator erred in finding Form 16D was irregular because service by A.R. registered post and on known directors complied with section 431(1)(b)(ii); the vesting order was valid and did not defeat the Plaintiff's standing (vesting under BAFIA/FSA takes effect notwithstanding registration); statutory requirements for Form 16D/Form 16H and notice periods were satisfied (including post‑2017 amendment); therefore there was no cause to the contrary to refuse an order for sale and the Plaintiff's requests were allowed while the First Defendant's strike‑out application was dismissed.

Court Disposition

Plaintiff's Originating Summons allowed in part; First Defendant's striking out application (Enclosure 6) dismissed

Orders

  • Set aside the Second Defendant's decision dismissing the Plaintiff's application dated 6 January 2022 and allow prayers (i), (ii) and (iii) of the Originating Summons
  • Order that the Land Administrator give effect to the sale pursuant to the National Land Code including issuing Form 16H and arranging sale by public auction with reserve price and other statutory terms