The Plaintiff failed to establish its claim based on defective statutory notice and time-barred provisions, resulting in the dismissal of the Originating Summons.

[1] On 21 November 2016 the Plaintiff applied to the High Court in this Originating Summons dated 21 November 2016 (encl 1) for the following Orders:-

(a) that the 1st and 2nd Defendants' parcel of land together with the building thereon and appurtenances thereof, situate at Bintulu- Sibiyu Road, Bintulu containing an area of 316.4 square metres, more or less and described as Lot 2291 Block 31 Kemena Land District ("the said Land"), charged by the 1st and 2nd Defendants to the Plaintiff vide Memorandum of Charge Instrument No L.5491/1997 registered at the Bintulu Land Registry Office on the 3rd day of October 1997 ("the said Memorandum of Charge") be sold by public auction or public tender under the directions of this Court to satisfy the outstanding Overdraft Facility of RM187,326.94 ("the said Overdraft Facility") as at 21 November 2016 due and owing by the 1st and 2nd Defendants to the Plaintiff together with interest thereon at the rate of 1.75% per annum above the Plaintiff's Base Lending Rate with monthly rests from the 22nd November 2016 until full payment; and

(b) that the proceeds from such sale be lodged into Court to the credit of the public auction or public tender subject to further Order;

(c) that the 1st and 2nd Defendants do jointly and severally pay to the Plaintiff the costs of and incidental to this action; and

(d) that the parties be at liberty to apply.

[2] The following affidavits have been filed in consequent to the Originating Summons:-

(a) Affidavit of Khairul Anuar Salleh affirmed on 25 November 2016 (encl 2);

(b) Affidavit in Opposition (1) of Wong Hau Ming affirmed on 6 January 2017 (encl 6);

(c) Affidavit in Reply of Khairul Anuar Salleh affirmed on 31 January 2017 (encl 10);

(d) Affidavit in Opposition (2) of Wong Hau Ming affirmed on 16 February 2017 (encl 11);

(e) Affidavit in Reply (II) of Khairul Anuar Salleh affirmed on 16 March 2017 (encl 13);

(f) Affidavit in Opposition (3) of Wong Hau Ming affirmed on 3 April 2017 (encl 16);

(g) Affidavit in Reply (III) of Khairul Anuar Salleh affirmed on 26 April 2017 (encl 17);

(h) Affidavit in Opposition (4) of Wong Hau Ming affirmed on 12 May 2017 (encl 19);

[3] Sometime on the 17th June, 2013, the Plaintiff initiated an Originating Summons No BTU-24L-14/6-2013 against the Defendants in respect of the said Land ("the Previous OS") pertaining to the said Memorandum of Charge and another Memorandum of Charge No L 1014/1992 for inter alia an order that the said Land be sold by public auction or public tender or private treaty to satisfy the said Overdraft Facility and an outstanding Term Loan of RM77,489,56 as at 17th June, 2013. The Plaintiff obtained an Order for Sale and the Defendants appealed to the Court of Appeal who set aside the Order for Sale which is the subject matter of the said Previous OS in Civil Appeal No Q-02(IM)-1873/11-2015 on 11 March 2016.