Low Hop Bing J:

Application

These two applications are by consent of the parties herein heard together.

Parties herein have raised an important, interesting and novel question of law to be considered and addressed by this court, in the course of hearing the plaintiff's application on 23 January 2003 by way of a charge action for an order for sale to recover a sum of RM5,289,021.42 which is inclusive of all interest until that date, under ss. 256and 257 of the National Land Code 1965("s. 256 and s. 257") and O. 83 r. 3(3), (6) and (7) of the Rules of the High Court 1980("O. 83 r. 3(3), (6) and (7)").

As an alternative, the plaintiff claimed a sum of RM4,803,362.60 being the debt due from the defendant in OS No. 24-546-99, with interest until the making of the receiving order against the defendant on 4 October 2001.

Both the aforesaid sums were stated in the plaintiff's affidavit.

Objection To Interest

At the hearing of this charge action, the defendant, against whom the said receiving order was made on 4 October 2001 videJohor Bahru High Court No. 3635-1999, did not raise any objection to the making of an order for sale but instead resisted that the plaintiff as a secured c