JUDGMENT

(Locus Standi To Maintain An Appeal)

Kenneth St James J:

Prelusion

[1] The Plaintiff bank (P) obtained an Order For Sale to auction the subject property that the Defendant company (D) charged to it. The charge was the security given to P for giving banking facilities to D.

[2] D appealed to the Court Of Appeal against the Order For Sale. The Court Of Appeal dismissed the Appeal and sustained the Order For Sale.

[3] P then proceeded to get an Order For Directions to auction the subject property, on a particular date and at a particular reserve price. D appeals against this Order For Directions.

[4] At the hearing of D's Appeal, the fundamental issue of whether D has the requisite locus standi (legal standing) to pursue its Appeal was raised. Does D have the locus standi to be heard and to proceed? And what is to become of the Appeal?

Chronology Of Pertinent Facts

[5] I set out here a chronology of the facts and proceedings pertinent to this Appeal-

(1) December 1996 — D charged the subject property (Geran Hakmilik 23040, Lot No. 420, Mukim 03, Daerah Seberang Perai Selatan, Negeri Pulau Pinang) (Property) as a security for a loan given to D.

(2) September 2010 — D (with other rel