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2025 MarsdenLR 2858

HIGH COURT SABAH & SARAWAK SIBU
PUBLIC BANK BERHAD – Appellant
Versus
WONG SING HUA & ANOR – Respondent


Table of Content
1. judgment creditor's enforcement rights established. (Para 1 , 2 , 6 , 7)
2. enforcement of unregistered equitable interest. (Para 10 , 11 , 12 , 13)
3. legislative context of property seizure in execution. (Para 14 , 15 , 19 , 35)
4. procedural recommendations for court rules. (Para 34 , 36 , 38 , 39)
5. non-seizability of unregistered equitable interests. (Para 58 , 60 , 67)
Wong Siong Tung J:

Introduction

The Interest Of The Defendants/Judgment Debtors Sought To Be Seized

[1] The plaintiff/judgment creditor obtained judgment against the defendants/judgment debtors for the sum of RM279,818.77 with interest accruing and costs.

[2] To enforce the judgment, by this Ex Parte application, the plaintiff/judgment creditor applies under O 47 r 6 of the Rules of Court 2012, for a Prohibitory Order to be issued under a Writ of Seizure and Sale for seizure of the defendants/judgment debtors' rights and interest in all that parcel of land together with the building thereon and appurtenance thereof situate at Jalan Rantau Panjang, Sibu containing area of 586.60 square metres, more or less and described as LOT 8051 BLOCK 6 SEDUAN LAND DISTRICT (formerly known as Sublot 103 comprised

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