THAMEEZ NISHA HASSEEM vs MAYBANK ALLIED BANK BERHAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 490

FEDERAL COURT PUTRAJAYA
THAMEEZ NISHA HASSEEM – Appellant
Versus
MAYBANK ALLIED BANK BERHAD – Respondent

Petitioner Advocates:Mahinder Singh Dulku,Mohd Iqbal Zainal Abidin ,Respondent Advocate: Mong Chung Seng,Chia Oh Sheng,Medha Ong Ann Ting

Table of Content
1. factual background on the charged land and parties involved. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. interpretation of statutory provisions under the national land code regarding title and interest. (Para 14 , 17 , 24)
3. examination of the legal frameworks and requirements surrounding declarations of rights. (Para 36 , 39 , 49)

Abang Iskandar Abang Hashim PCA:

The Questions Of Law

[1] The initial sole question of law for this Court's determination as granted at the leave stage is as follows:

Main Q1

"In the event the Chargee fails to obtain an Order of Sale timeously or at all, is the Chargor entitled to defeat the registered interest of the Chargee pursuant to s 340(4)(b) of the National Land Code and consequently obtain the return of the issue document of title freed from the security pursuant to s 244(1) of the 1965 read with O 83 r 1(1) of the Rules of 2012?"

[2] Upon application by the Appellant, 5 questions of law were later added for our determination. The further questions are as follows:

Additional Q2

In the event a Chargee fails to file proceedings in Court to obtain a valid and enforceable Order for Sale of the charged land, pursuant to s 256 of the National

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2023 MarsdenLR 490

FEDERAL COURT PUTRAJAYATHAMEEZ NISHA HASSEEM – AppellantVersusMAYBANK ALLIED BANK BERHAD – Respondent

FEDERAL COURT PUTRAJAYA
THAMEEZ NISHA HASSEEM – Appellant
Versus
MAYBANK ALLIED BANK BERHAD – Respondent