JUDGMENT

David Wong Dak Wah JC:

Application

[1] By an originating summons (encl. 3), the plaintiff seeks the following orders:

1. That the defendant's land described as all that parcel of land together with the building thereon and appurtenances thereof situate at Jalan Tun Jugah, Kuching containing an area of 863.9 square metres, more or less, and described as Lot 8620, Block 16, Kuching Central Land District which is charged by the defendant to the plaintiff under Memorandum of Charge Instrument No. L. 11261/2002 registered at the Kuching Land Registry office on 31 May 2002 (hereinafter referred to as "the said charge") be sold by public auction under the directions of this court and subject to s. 151 of the Land Code (Cap. 81) to satisfy the sum of RM928,589.12 as at 21 February 2005 being the balance of the sale price due and owing by the defendant under the property sale agreement dated 14 May 2002 and pursuant to the provisions of the said charge.

2. That the proceeds of such sale be paid into court and be applied in accordance with s. 151 of the Land Code (Cap. 81) but pending payment out at the written request of the plaintiffs' advocates the registrar shall be authorized t