Adzhar Bin Mohd Nordin 1. ) PENTADBIR TANAH DAERAH HULU LANGAT 2. ) CIMB BANK BERHAD 3. ) STIGMA EMAS SDN BHD 4. ) PENGARAH TANAH DAN GALIAN SELANGOR 5. ) Jabatan Ketua Pengarah Tanah & Galian (JKPTG) PIHAK KETIGA Landserve Sdn Bhd

Adzhar Bin Mohd Nordin 1. ) PENTADBIR TANAH DAERAH HULU LANGAT 2. ) CIMB BANK BERHAD 3. ) STIGMA EMAS SDN BHD 4. ) PENGARAH TANAH DAN GALIAN SELANGOR 5. ) Jabatan Ketua Pengarah Tanah & Galian (JKPTG) PIHAK KETIGA Landserve Sdn Bhd

Court dismissed plaintiff's claims: foreclosure was not time-barred because plaintiff's letter of 15.3.2007 constituted an unequivocal acknowledgement restarting limitation; plaintiff waived statutory remedy by failing to appeal Order for Sale under s.418 NLC within three months; gazettement did not bar sale because acquisition had not vested (no Form K) at time of sale; successful bidder who paid in full was entitled to compensation at acquisition enquiry; valuers owed no duty of care to plaintiff and their valuation was credible for purpose and method used.

Citation
BA-21NCvC-36-06/2019 (Mahkamah Tinggi)
Parties
Plaintiff (administrator of Estate of Mohd Nordin Bin Yaakob): Adzhar bin Mohd Nordin; Defendant 1 (land Administrator): Pentadbir Tanah Daerah Hulu Langat; Defendant 2 (director of Land and Mines): Jabatan Tanah dan Galian Negeri Selangor; Defendant 3: Jabatan Ketua Pengarah Tanah dan Galian (Persekutuan) Negeri Selangor (JKPTG); Defendant 4 (chargee Bank): CIMB Bank Berhad; Defendant 5 (successful Bidder): Stigma Emas Sdn Bhd; Third Party (valuers): Landserve Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 May 2024
Case Number
BA-21NCvC-36-06/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Foreclosure and Land Acquisition / Judgment (grounds of Judgment)
Outcome
Plaintiff's claims in both suits dismissed; compensation monies ordered released to successful bidder; costs awarded to defendants.
Legal Topics
Foreclosure, Order for Sale Under NLC, Public Auction, Compulsory Acquisition, Compensation Enquiry, Valuation Dispute, Duty of Care, Limitation/acknowledgement of Debt, Appeal Under NLC S.418, Postponement of Auction (form 16 O)
Source Language
Malay/English
Property Law Land Acquisition Law Administrative Law Tort (negligence) Civil Procedure Limitation Law Foreclosure Order for Sale Under NLC +8 more

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Parties

Adzhar bin Mohd Nordin

Plaintiff (administrator of Estate of Mohd Nordin Bin Yaakob)

Pentadbir Tanah Daerah Hulu Langat

Defendant 1 (land Administrator)

Jabatan Tanah dan Galian Negeri Selangor

Defendant 2 (director of Land and Mines)

Jabatan Ketua Pengarah Tanah dan Galian (Persekutuan) Negeri Selangor (JKPTG)

Defendant 3

CIMB Bank Berhad

Defendant 4 (chargee Bank)

Stigma Emas Sdn Bhd

Defendant 5 (successful Bidder)

Landserve Sdn Bhd

Third Party (valuers)

Procedural Posture

Civil Foreclosure and Land Acquisition / Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether foreclosure proceedings were time-barred under Limitation Act
  2. 2 Whether plaintiff should have appealed Order for Sale under s.418 NLC instead of suing
  3. 3 Whether gazettement for acquisition barred Order for Sale/public auction

Ratio Decidendi

Court dismissed plaintiff's claims: foreclosure was not time-barred because plaintiff's letter of 15.3.2007 constituted an unequivocal acknowledgement restarting limitation; plaintiff waived statutory remedy by failing to appeal Order for Sale under s.418 NLC within three months; gazettement did not bar sale because acquisition had not vested (no Form K) at time of sale; successful bidder who paid in full was entitled to compensation at acquisition enquiry; valuers owed no duty of care to plaintiff and their valuation was credible for purpose and method used.

Court Disposition

Plaintiff's claims in both suits dismissed; compensation monies ordered released to successful bidder; costs awarded to defendants.

Orders

  • Plaintiff's claim in Suit 36 is dismissed against all Defendants
  • Claim by 4th Defendant against Third Party in Suit 36 is dismissed