Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Enforcement of registered charge

Legal area

Court

18 Nov 2024

OCBC Al-Amin Bank Berhad Mohd Naza Bin Osman Ali (Si Bankrap diwakili oleh Ketua Pengarah Insolvensi)

Citation

JA-24MFC-400-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24MFC-400-05/2024 (Mahkamah Tinggi)

Plaintiff elected to realize the charged property (issue Notice of Recall and Form 16D) and therefore, having accepted payments afterwards and given inconsistent assurances culminating in acceptance and clearance of cheques, the plaintiff acted inconsistently and without clean hands; that inconsistent conduct established cause to the contrary under s256(3) National Land Code and justified refusing the order for sale; accordingly the originating summons for sale is dismissed with costs.
16 Mar 2023

HAP SENG CREDIT SDN BHD 1. ) KEN QAYS YIK 2. ) IZAIDIN BIN MOHD RAHIM SAMSOODEEN

Citation

WA-24NCvC-2665-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2665-08/2022 (Mahkamah Tinggi)

The court held that the plaintiff, as registered chargee, had a right in rem under the National Land Code and had complied with ss.271-273 and Order 83 by obtaining default judgment, sale order and serving Form 16K; Defendant Two's claims were personal contractual/equitable rights not affecting the plaintiff's proprietary interest, were raised late and unsubstantiated, and therefore did not defeat the plaintiff's entitlement to vacant possession and ancillary relief.