22 May 2025
HONG LEONG ISLAMIC BANK BERHAD SONATA CREST SDN BHD PENCELAH MEGAFEST SDN. BHD. PIHAK TERKILAN MAPLE TRICOT INDUSTRIES SDN BHD
- Citation
- JB-24FC-83-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-24FC-83-07/2024 (Mahkamah Tinggi)
Megafest failed to establish a proprietary interest in the land (its pleadings show a claim for damages rather than a specific plea to set aside the transfer or charge under s.340(2) NLC), the Plaintiff was not a party to Suit 84 and the charge cannot be attacked collaterally; once the Order for Sale was drawn up and perfected and auction conducted the proper course for Megafest is a fresh action naming the Plaintiff and successful bidder, therefore leave to intervene and the stay were refused and applications dismissed with costs.