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HIGH COURT MALAYA SUNGAI PETANI
LPC INVESTMENT HOLDINGS SDN BHD – Appellant
Versus
KETUA PENGARAH INSOLVENSI MALAYSIA (ENCL 1) – Respondent
| Table of Content |
|---|
| 1. consent judgment and lien-holder's rights (Para 2 , 3 , 4 , 5 , 6) |
| 2. plaintiff's equitable interest over properties (Para 7 , 8 , 9 , 10) |
| 3. defendant's opposition based on property registration (Para 11 , 12) |
| 4. nature of lien-holder's caveat (Para 13 , 14 , 15) |
| 5. rights of secured creditors in bankruptcy (Para 16 , 17 , 18 , 19) |
| 6. no basis for plaintiff's enforcement of lien (Para 20 , 21) |
| 7. court's power for order of sale (Para 22 , 23 , 24) |
| 8. plaintiff's failure to provide grounds for sale (Para 25 , 26 , 27 , 28 , 29 , 30) |
Introduction
[1] On 29 July 2025, this Court dismissed the Plaintiffs application in Enclosure 1. The following are the reasons for the decision.
Background Facts
[2] Briefly, the background facts leading to encl 1 are as follows. The Plaintiff entered into a consent judgment with one Chan Kok Leong (NRIC No: 530304-02-5169) (Chan), a bankrupt, and other defendants in suit no: KB-22NCVC-14- 04/2021 on 28 August 2022.
[3] The terms of the consent judgment included that Chan and the other defendants agreed to be jointly and severally liable to pay the Plaintiff a sum of RM300,000.00 within 12 months of the date of the cons
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