PERBADANAN PENGURUSAN GENTING VIEW RESORT MERANTI APARTMENT KURNIA HALIM & OTHERS PENCELAH MLDC BERHAD (DAHULUNYA DIKENALI SEBAGAI MALAYSIA LAND DEVELOPMENT COMPANY BERHAD)

PERBADANAN PENGURUSAN GENTING VIEW RESORT MERANTI APARTMENT KURNIA HALIM & OTHERS PENCELAH MLDC BERHAD (DAHULUNYA DIKENALI SEBAGAI MALAYSIA LAND DEVELOPMENT COMPANY BERHAD)

The High Court confined itself to whether the prohibitory order, writ of seizure and sale and sale order were regular in execution; having found the strata title to the unit was registered in the intervener's name (MLDC Berhad) and that statutory strata recovery mechanisms exist, the enforcement by prohibitory order and sale would unduly prejudice the registered proprietor and was inappropriate; accordingly the Court set aside the prohibitory order, the writ of seizure and sale and the sale order and awarded costs of RM7,000 subject to allocatur.

Citation
CB-36-1-02/2023 (Mahkamah Tinggi)
Parties
Plaintiff / Judgment Creditor: Perbadanan Pengurusan Genting View Resort Meranti Apartment; Defendant / Judgment Debtor: Kurnia Halim & Others; Intervener / Registered Proprietor: MLDC Berhad (formerly Malaysia Land Development Company Berhad)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 February 2024
Case Number
CB-36-1-02/2023 (Mahkamah Tinggi)
Procedural Posture
Writ of Execution and Application to Set Aside Prohibitory and Sale Orders / Intervener's Chamber Application Under Order 32 R 6 to Set Aside Ex Parte Prohibitory Order and Related Writ/sale Orders
Outcome
Intervener's application allowed.
Legal Topics
Prohibitory Order, Writ of Seizure and Sale, Strata Title, Strata Management Enforcement, Ex Parte Order Set Aside, Registration of Prohibitory Order
Source Language
Malay/English
Civil Procedure Land Law Strata Law Enforcement of Judgments Prohibitory Order Writ of Seizure and Sale Strata Title Strata Management Enforcement +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Perbadanan Pengurusan Genting View Resort Meranti Apartment

Plaintiff / Judgment Creditor

Kurnia Halim & Others

Defendant / Judgment Debtor

MLDC Berhad (formerly Malaysia Land Development Company Berhad)

Intervener / Registered Proprietor

Procedural Posture

Writ of Execution and Application to Set Aside Prohibitory and Sale Orders / Intervener's Chamber Application Under Order 32 R 6 to Set Aside Ex Parte Prohibitory Order and Related Writ/sale Orders

Legal Issues

  1. 1 Whether the prohibitory order should be set aside
  2. 2 Whether the writ of seizure and sale and the sale order should be set aside
  3. 3 Whether the High Court should re-open the validity of the Magistrate's Court judgment in execution proceedings

Ratio Decidendi

The High Court confined itself to whether the prohibitory order, writ of seizure and sale and sale order were regular in execution; having found the strata title to the unit was registered in the intervener's name (MLDC Berhad) and that statutory strata recovery mechanisms exist, the enforcement by prohibitory order and sale would unduly prejudice the registered proprietor and was inappropriate; accordingly the Court set aside the prohibitory order, the writ of seizure and sale and the sale order and awarded costs of RM7,000 subject to allocatur.

Court Disposition

Intervener's application allowed.

Orders

  • Perintah larangan dated 08.09.2022 (including extensions) set aside.
  • Writ of Seizure and Sale [Immovable Property] dated 13.02.2023 set aside.