28 Dec 2021
RAMES A/L PALANIANDY MALAYAN BANKING BERHAD PENCELAH TAN CHONG HUAT
- Citation
- WA-24NCvC-480-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCvC-480-03/2020 (Mahkamah Tinggi)
The originating summons (Enclosure 1) is dismissed because the Plaintiff is an undischarged bankrupt who did not obtain the required sanction from the Director General of Insolvency and is therefore incompetent to maintain the action; independently, the OFS was valid under s.263 NLC with no proven 'cause to the contrary', the Second Defendant was a bona fide purchaser with indefeasible title under the Torrens system, the application was procedurally defective for failing to join the co-proprietor and the proper decision-maker (GLA) and is estopped by prior related suits (res judicata).