Malaysia Case Law: Decisions & Judgments

Topic

Sale by auction

Legal area

Court

27 Aug 2025

Pentadbir Tanah Daerah Petaling 1. ) PUBLIC BANK BERHAD 2. ) AISHAH BINTI ABDULLAH 3. ) JEHABAR ALI HUSSAIN KADER

Citation

BA-24NCvC-638-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-638-03/2025 (Mahkamah Tinggi)

No special circumstances were established to justify suspending the proceedings or execution; the third defendant had not appealed or applied to set aside the 13 June 2025 order, the matters relied upon are the subject of the separate suit Guaman 743, and granting a stay would prejudice the successful bidder and prevent the plaintiff from enjoying the fruits of its judgment; accordingly the application is dismissed with costs RM2,000.
24 Jul 2025

SHYAMALA A/P M. SHANMUGANATHAN 1. ) KO BOON LEONG 2. ) Pengarah Pejabat Tanah dan Galian Kerajaan Negeri Pahang

Citation

CB-24NCvC-63-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-24NCvC-63-07/2021 (Mahkamah Tinggi)

Co-ownership of the land was established as equal undivided halves and the parties could not agree on boundary delineation despite attempts; exercising statutory powers under section 145 NLC and section 25 Courts of Judicature Act, the court found partition (allocation of equal plots based on evidence and title records) to be just and expedient and ordered termination of co-ownership with specific plot allocations and registration endorsements rather than ordering a sale by auction.
2 Feb 2021

MAPLE AMALGAMATED SDN BHD & OTHER HKS REALTY SDN BHD

Citation

WA-24NCVC-2050-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-2050-11/2020 (Mahkamah Tinggi)

The originating summons was dismissed because the plaintiffs lacked locus standi (no leave obtained under Companies Act s471 for a company in liquidation to commence proceedings) and because prior appellate rulings upheld the validity of the agreements such that the plaintiffs’ challenge was baseless; consequently the intervener lawfully retained the right to effectuate the sale and the plaintiffs’ application constituted an abuse of process.

Malaysia Case Law

Pentadbir Tanah Daerah Petaling 1. ) PUBLIC BANK BERHAD 2. ) AISHAH BINTI ABDULLAH 3. ) JEHABAR ALI HUSSAIN KADER

SHYAMALA A/P M. SHANMUGANATHAN 1. ) KO BOON LEONG 2. ) Pengarah Pejabat Tanah dan Galian Kerajaan Negeri Pahang

MAPLE AMALGAMATED SDN BHD & OTHER HKS REALTY SDN BHD