Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Private treaty sale

Legal area

Court

7 Jan 2022

Lee Kam Yoong 1. ) Bank Kerjasama Rakyat Malaysia Berhad 2. ) KETUA PENGARAH JABATAN INSOLVENSI MALAYSIA

Citation

BA-24NCvC-780-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-780-07/2021 (Mahkamah Tinggi)

The Amended Originating Summons was dismissed because the Order for Sale dated 9.12.2019 is valid and enforceable under the National Land Code, the applicant as an undischarged bankrupt lacked sanction from the Director General of Insolvency and filed in the wrong forum (bankruptcy matters belong to the Winding Up/Bankruptcy Court), and the applicant failed to establish any 'cause to the contrary' under s256(3) to justify setting aside or varying the order to permit a private treaty sale of half the property.
3 Sept 2020

Chee Sen Lean @ Choo Sin Lean (No. K/P: 320426-07-5070) Chin Choon Woon (No. K/P: 610607-07-5323)

Citation

24NCvC-427-05/2015 (Mahkamah Tinggi)
Court

High Court
Case number

24NCvC-427-05/2015 (Mahkamah Tinggi)

The Court held that although the order for sale dated 14.9.2015 remains binding, it retains power under Order 31/Order 32 and paragraph 3 of the Schedule to the CJA to give subsequent directions as to the manner of sale; accordingly the application to sell by private treaty was allowed with specific conditional directions and timing, and the doctrine of functus officio and res judicata did not preclude such consequential directions.