PUBLIC BANK BERHAD (COMPANY NO: 6463-H) 1. LH BINTANG DEVELOPMENT SDN. BHD. (COMPANY NO: 56720-T) 2. CITRA TANI SDN BHD (COMPANY NO: 189592-X)

PUBLIC BANK BERHAD (COMPANY NO: 6463-H) 1. LH BINTANG DEVELOPMENT SDN. BHD. (COMPANY NO: 56720-T) 2. CITRA TANI SDN BHD (COMPANY NO: 189592-X)

The appeal is dismissed because the register of title continues to show the Bumiputra restriction which is conclusive under section 89 of the National Land Code; there was no evidence the register was amended pursuant to section 124(7) to give effect to the 1998 letter, therefore the SAR's valuation and reserve price (MYR195,000 per lot) based on that restriction is correct and should stand.

Citation
JA-38-1252-10/2018 (Mahkamah Tinggi)
Parties
Plaintiff/respondent: Public Bank Berhad; First Defendant: As LH Bintang Development Sdn. Bhd.; Second Defendant/appellant: Citra Tani Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2019
Case Number
JA-38-1252-10/2018 (Mahkamah Tinggi)
Procedural Posture
Appeal Against Order for Auction Directions Under National Land Code 1965 / Appeal
Outcome
Appeal dismissed; SAR's Order for Auction Directions affirmed
Legal Topics
Reserve Price, Auction Directions, Bumiputera Restriction, National Land Code Interpretation
Source Language
Malay/English
Land Law Property Civil Procedure Reserve Price Auction Directions Bumiputera Restriction National Land Code Interpretation

Case Brief

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Parties

Public Bank Berhad

Plaintiff/respondent

As LH Bintang Development Sdn. Bhd.

First Defendant

Citra Tani Sdn. Bhd.

Second Defendant/appellant

Procedural Posture

Appeal Against Order for Auction Directions Under National Land Code 1965 / Appeal

Legal Issues

  1. 1 Whether the lands are subject to the 'Lot untuk Bumiputera' restriction
  2. 2 Whether the 1998 letter overrides the registered restriction absent amendment to the register
  3. 3 Whether the reserve price fixed by the SAR was appropriate in light of the restriction

Ratio Decidendi

The appeal is dismissed because the register of title continues to show the Bumiputra restriction which is conclusive under section 89 of the National Land Code; there was no evidence the register was amended pursuant to section 124(7) to give effect to the 1998 letter, therefore the SAR's valuation and reserve price (MYR195,000 per lot) based on that restriction is correct and should stand.

Court Disposition

Appeal dismissed; SAR's Order for Auction Directions affirmed

Orders

  • Appeal dismissed
  • Order for Auction Directions dated 29 July 2019 affirmed