Eusoff Chin SCJ:

On 7 December 1982 the High Court had ordered that the land held under C.T. No. 1478, Lots 499 and 656 Mukim of Seremban which was charged to the respondent be sold by public auction under the National Land Code. Subsequent thereto, eight auctions were held on dates and at reserve prices as follows:

Dates Reserve price (in million)

4 September 1987 RM8.25

13 January 1988 RM7.4

5 April 1988 RM6.6

17 October 1988 RM6.0

4 July 1989 RM5.7

30 November 1989 RM5.3

23 November 1990 RM4.8755

12 June 1990 RM4.63

These auctions were not successful because there were no bidders.

The respondent took out a summons for direction for the Senior Assistant Registrar (SAR) to fix a new reserve price and the next date of auction sale. The respondent produced a valuation report dated 12 September 1990 prepared by a licensed land valuer which showed the estimated open market value of the land to be RM5,700,000 and the estimated forced sale value to be RM4,020,000.

On 18 January 1991 the SAR heard the application and fixed the reserve price at RM5,000,000. The appellant appealed to the Judge in chambers who on 20 March 1991 confirmed the SAR's order. The learned Judge then issue