JUDGMENT

Richard Malanjum CJSS:

Introduction

[1] By a Vesting Order dated 17 August 2004 granted by the High Court of Malaya at Kuala Lumpur all rights, powers and interest including all legal proceedings of Maybank Finance Berhad (MFB) were vested under the Malayan Banking Berhad, the appellant herein. Although the earlier financial transactions involved in this case were conducted by MFB, by virtue of the said Vesting Order the appellant has absorbed all the rights and obligations of MFB including the right to claim against the respondents herein. Thus, in this judgment, any reference to the appellant in the earlier financial transactions refers to MFB.

[2] On 25 March 2013, this court granted the appellant leave to appeal on a sole question which reads:

"Whether a deed of trust is a 'dealing' within the meaning of s 4 of SLO and therefore is illegal under s (sic) 17(1) and 64(1) of the SLO where the subject matter is a native title."