Clement Skinner J:

This is the hearing of an application made by HSBC Bank Malaysia Berhad ('the plaintiff), pursuant to s. 148(2)(c) of the Sarawak Land Code (Cap. 81) for an order for sale of all the one-third (l/3rd) undivided right title share and interest held by Tan Sri Datuk Amar Ling Beng Siew ('the defendant') in 2 parcels of land held under title Lot 302 Block 59 Kuching Central land District now Block 36 Muara Tuang Land District and Lot 303 Block 59 Kuching Central Land District now Lot 36 Muara Tuang Land District (hereafter 'the said lands'). The said lands were charged to the plaintiff as security for banking facilities of RM5,000,000; RM3,360,000; and RM20,000,000 granted by the plaintiff to a company called Dominance Resources Sdn Bhd (hereafter 'Dominance'), in the form of overdraft or general banking facilities. The charges executed by the defendant have been duly registered at the Kuching Land Registry Office as Samarahan Instrument No. L1588/1988 on 17 September 1988, as L2198/1992 on 19 November 1992 and as L731/1994 on 12 May 1994 respectively.

As at 2 May 2001 Dominance's outstanding balance in respect of the banking facilities granted to it stood a