2018

2017

Cases

CIMB BANK BERHAD v. AMBANK (M) BERHAD & ORS
Federal Court, Putrajaya
Raus Sharif CJ, Zainun Ali, A Samah Nordin, Aziah Ali, Jeffrey Tan FCJJ
[Civil Appeal No: 01(f)-20-06-2016(B)]
16 August 2017
[2017] 5 MLRA 1

JUDGMENT

Raus Sharif CJ:

Introduction

[1] This is an appeal against the decision of the Court of Appeal given on 30 September 2015 in reversing the decision of the High Court. The High Court had on 8 July 2014 found in favour of the appellant (CIMB) in respect of competing claims with the 1st respondent (AmBank) over their respective charges on the same piece of land.

[2] Leave to appeal to this court was granted to the appellant on 17 September 2016 on a single question of law which reads:

"Whether a chargee comes within the meaning of 'purchaser' under the proviso to s 340(3) of the National Land Code 1965."

[3] For ease of reference, we will refer the parties in this appeal as they were referred to at the High Court.

Background Facts

[4] Chin Ting Seng and Chin Chong Lup (the Chins) were at the material time, owners of a piece of land situated at Seksyen 21, Mukim Bandar Klang, District of Klang, State of Negeri Selangor (the Property). On 23 March 2006, the Chins had executed a charge on the Property in favour of Southern Bank Berhad (SBB) as security for a banking facility. On 6 September 2006, the banking business of SBB was vested with CIMB.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember