22 Nov 2019
RHB BANK BHD. (Co. No.: 6171-M) LIM CHEE TAT (NRIC. No.: 670811-10-6099)
- Citation
- BA-38-937-09/2016 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-38-937-09/2016 (Mahkamah Tinggi)
The SAR properly exercised his statutory discretion under s 259(2)(c) NLC to fix a second reserve price of RM4,000,000 based on a credible valuation (Mr Lim); res judicata did not operate to bar the SAR from directing the second auction under the NLC; allegations of a tortious duty by the chargee did not justify setting aside the SAR's directions and any negligence remedy is a subsequent damages claim after sale; appellate intervention was unwarranted as no error of law, failure to consider relevant matters or irrelevant considerations causing injustice were shown.