Malaysia Case Law: Decisions & Judgments

Topic

Proclamation of sale

Legal area

Court

24 Oct 2024

RUSLAN BIN RAMLI AMBANK (M) BERHAD

Citation

BL-22NCvC-25-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCvC-25-06/2024 (Mahkamah Tinggi)

On proper construction the Proclamation of Sale of 10.11.2023 merely announced a bank-enforced auction based on existing security documents and was not capable, in the meanings pleaded, of conveying defamatory imputations against the Plaintiff; the Plaintiff also failed to particularise the words complained of, produced no supporting proof of payment, and undue delay further undermined the claim. Therefore the Defendant's summary determination application succeeded and the Plaintiff's claim failed.
22 Apr 2021

AMBANK (M) BERHAD AIM EDITION SDN BHD

Citation

02(f)-33-07/2020(B) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-33-07/2020(B) (Mahkamah Persekutuan)

A judicial sale conducted under the National Land Code does not give rise to a contract between the chargee and the successful bidder; therefore a claim founded solely in contract against the chargee for alleged shortfall in acreage fails and the Court of Appeal's contractual finding was set aside.
OOI CHIN NEE V CITIBANK BHD

Citation

OOI CHIN NEE V CITIBANK BHD
Court

Malaysian court

Because a separate strata title had been issued and there was no registered statutory charge, the deed required the plaintiff to obtain transfer and register a statutory charge before the bank could lawfully enforce by public auction; the defendant's affidavits were rejected for procedural defects and there was no effective response to the plaintiff's allegations, therefore the court granted an interlocutory injunction restraining the defendant from selling the property by public auction and ordered costs in the cause.

Malaysia Case Law

RUSLAN BIN RAMLI AMBANK (M) BERHAD

AMBANK (M) BERHAD AIM EDITION SDN BHD

OOI CHIN NEE V CITIBANK BHD