PS Gill J:

This is an application by OCBC Bank (Malaysia) Bhd for an order for sale of the defendant's land (the land) to be sold by public auction.

The said land was charged to OCBC Bank on 4 July 1997, as security for the repayment to OCBC Bank of all monies due and liabilities owing to OCBC Bank (Malaysia) by the defendant who was referred to in the charge as "the chargor".

Clause 3 of the annexure to the said charge reads in material particular as follows:

The chargor will on demand repay and pay to the lender the indebtedness provided that no such demand for payment shall be made by the lender unless:

(i) In accordance with the provisions of any of the security documents, the facility and all ...

(ii) The chargor commits a breach of any of the covenants ...

(iii) Any of the events specified in cl. 7.1 shall occur; or

(iv) Any other securities executed by the chargor or any security party or any other person or party pursuant to any of the security documents shall become enforceable.

On 2 April 1999, solicitors for the plaintiff gave the defendant written notice of default, and required repayment of RM212,234.01, outstanding, as of 28 February 1999.

The letter