Abu Bakar Jais JCA:

Introduction

[1] The Appellant provided a banking facility to the Respondent for the latter to buy a penthouse. The Respondent defaulted in payments for the facility. The Appellant did not sue. Instead, the Respondent sued the Appellant. The Respondent sued the Appellant because of alleged wrongful acts of the Appellant in auctioning that penthouse after default by the Respondent on the instalment payments.

[2] The High Court gave judgment for the Respondent. The Appellant is before us in the appeal against that decision of the High Court. The Respondent raised a preliminary objection and also argued several points in the substantive appeal itself.

[3] Among others, the dispute involved questions whether in the circumstances of this case, the Proclamation of Sale for the public auction must be legally notified or served to the Respondent and whether legally, the Appellant's valuation report prepared could be used as a guide in arriving at the appropriate price of the penthouse for the purposes of the said auction.

Background Facts

[4] The Appellant provided the Islamic Banking Facility ("the Financing") to the Respondent to buy a penthouse at Mount Kiara, Kual