CIMB BANK BERHAD 1. ) KHOO KANG POEY 2. ) PENDAFTAR HAKMILIK NEGERI SELANGOR

CIMB BANK BERHAD 1. ) KHOO KANG POEY 2. ) PENDAFTAR HAKMILIK NEGERI SELANGOR

Plaintiff was declared the absolute assignee with legal interest in the subject strata titles; the High Court has jurisdiction under section 417 NLC and its inherent powers to grant consequential orders directing the Registrar/Pentadbir Tanah to cancel the original registered title and issue replacement title to the plaintiff and to grant ancillary relief (including mandatory injunction) to give effect to the assignment; accordingly the plaintiff's originating summons was allowed without order as to costs.

Citation
BA-24NCvC-298-03/2021 (Mahkamah Tinggi)
Parties
Plaintiff: CIMB Bank Berhad; Defendant: Khoo Kang Poey; Defendant: Pendaftar Hakmilik Negeri Selangor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 January 2022
Case Number
BA-24NCvC-298-03/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (saman Pemula) / Judgment
Outcome
Originating summons allowed; declaration granted that plaintiff is the absolute assignee and has legal interest in the subject properties; court exercised powers under s417 NLC and inherent jurisdiction to grant consequential relief; no order as to costs.
Legal Topics
Assignment of Title, Enforcement of Security, Registration of Title, Court Powers Under S417 NLC, Inherent Jurisdiction
Source Language
Malay/English
Civil Procedure Land Law Contract Equity Strata Titles Assignment of Title Enforcement of Security Registration of Title +2 more

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Parties

CIMB Bank Berhad

Plaintiff

Khoo Kang Poey

Defendant

Pendaftar Hakmilik Negeri Selangor

Defendant

Procedural Posture

Originating Summons (saman Pemula) / Judgment

Legal Issues

  1. 1 Whether plaintiff is the absolute assignee and holds legal interest in the subject strata titles
  2. 2 Whether the High Court can order the Registrar/Pentadbir Tanah to cancel the original registered title and issue new/replacement title under section 417 National Land Code
  3. 3 Whether statutory registration rules or the Strata Titles Act prevent the court from granting consequential orders to give effect to the assignment

Ratio Decidendi

Plaintiff was declared the absolute assignee with legal interest in the subject strata titles; the High Court has jurisdiction under section 417 NLC and its inherent powers to grant consequential orders directing the Registrar/Pentadbir Tanah to cancel the original registered title and issue replacement title to the plaintiff and to grant ancillary relief (including mandatory injunction) to give effect to the assignment; accordingly the plaintiff's originating summons was allowed without order as to costs.

Court Disposition

Originating summons allowed; declaration granted that plaintiff is the absolute assignee and has legal interest in the subject properties; court exercised powers under s417 NLC and inherent jurisdiction to grant consequential relief; no order as to costs.

Orders

  • Declaration that CIMB Bank Berhad is the absolute assignee and has legal interest in the properties described in the originating summons
  • Perpetual mandatory injunction ordering Defendant 1 to deliver the original strata title documents as pleaded (as per the originating summons)