Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Statutory in rem action
  • 27 Feb 2025

    PUBLIC BANK BERHAD KOK KON SANG

    Citation
    BA-24FC-553-06/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24FC-553-06/2024 (Mahkamah Tinggi)

    Defendant failed to demonstrate any legitimate cause to defeat the Plaintiff's registered charge: the certificate of indebtedness was prima facie reliable, disputes as to quantum belonged to separate proceedings, the charge was sufficiently stamped and accepted at the Land Office, and counterclaims did not defeat the ad rem rights of the chargee; accordingly an order for sale was granted and costs awarded to the Plaintiff, and the Defendant's stay application was dismissed.