Gopal Sri Ram JCA:

We dismissed this appeal at the conclusion of the submissions of Counsel for the appellant without calling upon Counsel for the respondent. Ordinarily we would not be minded to deliver written reasons for our decision in a case such as this. But, of late, there have been several appeals in which the issues which arose for decision were the same as those which have arisen for decision in the present case. We therefore consider it desirable to state written reasons for dismissing this appeal.

The facts relevant to the appeal are as follows.

The appellant is the registered proprietor of all that land held under HS(D) 2974 for Lot No. 11041 in the Mukim of Sungei Buloh ("the said land"). On 2 October 1985, she executed a charge over the said land in favour of the respondent to secure a loan of RM 600,000 granted by the respondent Bank to one Zinger Feedmill Sdn. Bhd. ("the borrower"). This is commonly known among the members of the legal profession as a "third party charge". It denotes a charge by a registered proprietor over his land to secure a loan made by the lender to a third party. As correctly submitted by Counsel, it is nothing more than a secured