Malaysia Case Law: Decisions & Judgments

Topic

Section 256 national land code

Legal area

Court

29 Aug 2025

UNITED OVERSEAS BANK (MALAYSIA) BHD 1. ) PHENG CHIN SHIUN 2. ) CHONG POOI NEE

Citation

BA-24FC-322-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24FC-322-03/2025 (Mahkamah Tinggi)

Defendants failed to adduce factual basis constituting a cause to the contrary under section 256(3) NLC; service was valid under the express deeming clauses of the Charge using the address supplied by the defendants and therefore the order for sale dated 3.6.2025 stands; defendants consented or were bound to deliver vacant possession under the Charge so reliefs seeking to prevent inspection or possession were not sustainable.
25 Jul 2025

MAYBANK ISLAMIC BERHAD 1. ) NG CHEE KAE 2. ) NG LOCK SENG

Citation

JA-24MFC-598-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24MFC-598-07/2024 (Mahkamah Tinggi)

Plaintiff satisfied statutory prerequisites for the order for sale: Form 16D complied with s.254(1); no statutory requirement to include monthly payment breakdown or separate in personam demand to the chargor; the certificate of indebtedness was accepted absent any proof of manifest error by defendants; concurrent civil proceedings did not bar the in rem remedy; therefore there was no 'cause to the contrary' and the application for order for sale was allowed.
24 Dec 2019

MALAYAN BANKING BERHAD DYNASTY STREAMS SDN BHD

Citation

WA-24FC-533-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24FC-533-05/2019 (Mahkamah Tinggi)

Service of the originating summons and affidavits was valid and deemed effected under the contractual clause and Order 10 r.3; any procedural non‑compliance was a curable irregularity and did not cause injustice; the defendant failed to establish any of the narrow categories of 'cause to the contrary' under s.256 NLC to defeat the order for sale; therefore the application to set aside was dismissed and costs awarded.
1 Jan 1900

SOUTHEAST ASIA SPECIAL ASSET MANAGEMENT BERHAD (198001011716 (65502-X) ASOKAN A/L KRISHNASAMY [NO K/P: 570706-07-5077 / 5283244]

Citation

PA-24FC-218-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24FC-218-06/2020 (Mahkamah Tinggi)

No cause to the contrary was established: Form 16D was validly issued and not complied with so cause of action arose; the certified outstanding amount was conclusive absent manifest error; the vesting order conferred locus standi on the Plaintiff; DFIA s15 did not apply to CIMB; therefore court was obliged under s256(3) NLC to order sale by public auction.

Malaysia Case Law

UNITED OVERSEAS BANK (MALAYSIA) BHD 1. ) PHENG CHIN SHIUN 2. ) CHONG POOI NEE

MAYBANK ISLAMIC BERHAD 1. ) NG CHEE KAE 2. ) NG LOCK SENG

MALAYAN BANKING BERHAD DYNASTY STREAMS SDN BHD

SOUTHEAST ASIA SPECIAL ASSET MANAGEMENT BERHAD (198001011716 (65502-X) ASOKAN A/L KRISHNASAMY [NO K/P: 570706-07-5077 / 5283244]