In the High Court in Johor Bahru, the first respondent, Siland Sdn Bhd (hereinafter referred as the chargor) successfully applied for and obtained a decree annulling the earlier order for sale made by the SAR, forfeiture of the deposit and other consequential reliefs in respect of an auction sale of its land initiated by the second respondent, Eu Finance Bhd (the chargee). The present appeal against the High Courts decision was brought by the first appellant, M & J Frozen Food Sdn Bhd (the purchaser). The second respondent, Mohd Repol bin Bidin (the auctioneer) had since passed away and the chargee, perhaps on realising that his redemptive objective would be better served by the High Courts judgment, elected to abandon the appeal.

To ensure a prescriptive appreciation of this case some antecedent events leading to the present appeal are set out in detail: Siland, the chargor at the commencement of the suit at Johor Bahru, was the registered owner of all that piece of land held under HS(D) 40269, Lot No PTD 18279, in the Mukim of Plentong, in the district of Johor Bahru, the subject matter of these proceedings (the