Gopal Sri Ram JCA:

This appeal arises from the refusal of the High Court at Kuala Lumpur to set aside an order for sale made pursuant to s. 256 of the National Land Code 1965 ('the Code'). The factual matrix relevant to the appeal is as follows.

The appellant was, at all material times, the registered proprietor of all those lands held under Geran Nos. 19450, 19451, 19452 and 19453 for Lot Nos. 267, 268, 269 and 271 respectively ('the said lands'). On 28 May 1983, the respondent granted a loan of RM30 million to a company called Kredin Sdn. Bhd. ('Kredin'). On the same day, the appellant created a charge over the said lands in the respondent's favour to secure the loan to Kredin. The registered charge instrument gave the appellant's address as "Wisma MISC, Tingkat 8, No. 2, Jalan Conlay, Kuala Lumpur" ('the original address'). However, on 10 July 1985, the appellant notified the Registrar of Companies that it had changed its registered address to "2nd Floor, Georgetown Chambers, 39, Beach Street, Penang" ("the new address"). It did this by lodging with the Registrar the relevant Form 44, which is the form prescribed by the Companies Regulations, 1966.

Clause 16 of the an