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1988 MarsdenLR 592

COURT OF APPEAL, SINGAPORE
THE OFFICIAL ASSIGNEE OF THE PROPERTY OF LIM CHIAK KIM A BANKRUPT – Appellant
Versus
UNITED OVERSEAS BANK LTD – Respondent


Thean J

(delivering the JUDGMENT of the court): The facts in this appeal are not in dispute and, so far as relevant, are these. On 24 October 1984, United Overseas Bank Ltd ('the bank') obtained a judgment in the High court in suit no 6288 of 1984 against one Lim Chiak Kim ('Lim') for the sum of $24,759.93 with interest and costs ('the judgment sum'). Soon thereafter, on 3 November 1984, on an application made ex parte by the bank, a charging order nisi was made imposing a charge on the land and premises belonging to Lim, namely, lot 1776 of mukim X with the house thereon known as 117, Jalan Dermawan ('the property'). At that time, the property had already been brought under the provisions of the Land Titles Act (Cap 157, 1985 Ed) and was comprised (and is comprised) in certificate of title registered in vol 185 folio 22 which was issued on 15 February 1977 and had been mortgaged by Lim in favour of The Bank of Canton Ltd ('the mortgagees'). To protect the interest of the bank, a caveat claiming an interest in the property by virtue of the charging order nisi was lodged with the Registry of Titles on behalf of the bank. Before the charging order nisi was made absolute, the bank appl

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