Harun bin Mahmud Hashim SCJ: In 1983, the plaintiff (Bank) granted to the defendant (Developer) banking facilities exceeding RM1 million which were secured by legal charges over two properties known as the Anson Apartments and No: 30 Rose Avenue, both in Georgetown, Pulau Pinang.

Upon default, the Bank applied for an order for sale of the two properties under s. 256 of the National Land Code 1965 . At the same time, the Bank also filed a civil claim for recovery of the amount owing under the account secured by the Rose Avenue property. On 8 May 1991 they obtained judgment for RM763,409.21 with further interests and costs.

The order for sale of the Anson Apartments was settled out of Court on 29 July 1991. There are 31 units of apartments built by the Developer on this property. On 2 August 1991, Toto Wiguna purchased Apartment No: 160/7-2 and on 3 August 1991, Hon Ho Wah purchased Apartment No: 160/4-3. They executed sale and purchase agreements and paid 10% of the purchase price. On 8 and 9 August 1991 the purchasers paid the Developer the balance of the full purchase price of RM250,000 and RM240,000 respectively.

On 14 August 1991, the Bank was granted a prohibitory order ov