29 May 2025
WAN SHAHRUL BIN WAN ABD WAHAB 1. ) Pentadbir Tanah Daerah Petaling 2. ) CIMB BANK BERHAD 3. ) NORTHERN TOP PLATFORM (M) SDN BHD
- Citation
- BA-24NCvC-2865-12/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCvC-2865-12/2024 (Mahkamah Tinggi)
The court dismissed the Plaintiff's originative writ/application. The bank (Defendant 2) successfully invoked res judicata and, alternatively, was found to hold an indefeasible interest as a bona fide chargee/purchaser for value under the National Land Code; accordingly the registered third party charge and the bank's rights (including sale) were not set aside. Plaintiff's application to cancel the charge and set aside the auction was denied and Plaintiff was ordered to pay costs of RM15000 to Defendant 2.