PILECON ENGINEERING BERHAD (NO. SYARIKAT: 29223-P) 1. MALAYSIAN TRUSTEES BERHAD (NO. SYARIKAT: 21666-V) 2. PENTADBIR TANAH TEMERLOH

PILECON ENGINEERING BERHAD (NO. SYARIKAT: 29223-P) 1. MALAYSIAN TRUSTEES BERHAD (NO. SYARIKAT: 21666-V) 2. PENTADBIR TANAH TEMERLOH

The land administrator conducted the statutory inquiries in accordance with the National Land Code and was entitled to make the Form 16H sale order based on the indebtedness established at inquiry; the plaintiff failed to raise the alleged discrepancy in debt during the inquiry and therefore cannot invalidate the...

Source-derived case information.

Citation
CB-24NCVC-150-10/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Pilecon Engineering Berhad; Defendant 1: Malaysian Trustees Berhad; Defendant 2: Pentadbir Tanah Temerloh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 May 2021
Case Number
CB-24NCVC-150-10/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons for Declaration and Interim Injunction Under National Land Code Matters / Interlocutory Decision on Applications for Declaration and Interim Injunction
Outcome
Applications dismissed with costs
Legal Topics
Mortgage/charge, Land Sale by Land Administrator (form 16 H), Injunctions, Statutory Appeal Under National Land Code
Land Law Equity Administrative Law Civil Procedure Mortgage/charge Land Sale by Land Administrator (form 16 H) Injunctions Statutory Appeal Under National Land Code

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Parties

Pilecon Engineering Berhad

Plaintiff

Malaysian Trustees Berhad

Defendant 1

Pentadbir Tanah Temerloh

Defendant 2

Procedural Posture

Originating Summons for Declaration and Interim Injunction Under National Land Code Matters / Interlocutory Decision on Applications for Declaration and Interim Injunction

Legal Issues

  1. 1 Whether the sale order issued in Form 16H is void for non‑compliance with the National Land Code
  2. 2 Whether discrepancies in the debt amount invalidate the Land Administrator's sale order
  3. 3 Whether an interim injunction can be granted to restrain the Land Administrator (a government officer) from executing a sale

Ratio Decidendi

The land administrator conducted the statutory inquiries in accordance with the National Land Code and was entitled to make the Form 16H sale order based on the indebtedness established at inquiry; the plaintiff failed to raise the alleged discrepancy in debt during the inquiry and therefore cannot invalidate the sale order; although statutory appeal under section 418 exists, that does not automatically bar injunctive relief, but on the facts there was no serious triable issue and the injunction prerequisites were not met; accordingly the interlocutory applications are dismissed with costs.

Court Disposition

Applications dismissed with costs

Orders

  • Lampiran 1 dan Lampiran 3 ditolak dengan kos