Court stops bank from selling off woman’s apartment

The Star 09/01/2003
http://www.hba.org.my/news/2003/103/court_stops.htm


A High Court yesterday granted a businesswoman an injunction to restrain a bank from selling her apartment by way of public auction. Justice R.K. Nathan in his judgment said that because a strata title had been issued on the apartment unit belonging to Ooi Chin Nee, Citibank Berhad should have made an application to the court to obtain an order for the sale of the apartment. “The bank should not have proceeded to sell the apartment by way of public auction. “It should have instead taken a transfer of the title on the property from the developer to Ooi and then executed a charge in the bank's favour,” he added. Citibank in August last year pursuant to the power granted under the Deed of Assignment, proceeded by way of public auction to sell Ooi's apartment at Taman Impian, Leader Garden, Tanjung Bungah.

Ooi, represented by M. Thayalan, claimed that since the strata title had been issued and registered in the name of the developer Leader Garden Sdn Bhd, Citibank could not proceed with the auction of the property. Ooi had sought an injunction to restrain Citibank or its agent from selling the pro- perty by way of public auction, and a declaration that Citibank’s action in issuing the proclamation of sale on the property was against the rules of natural justice. In rejecting the affidavits affirmed by Citibank's vice-president Andrew Ho Beng Teik and director Yuen Mun Yew, Justice Nathan said there was an error on the part of the solicitors in not checking to see that the affidavits were affirmed on behalf of Citibank and not on behalf of Ooi. “Just because the plaintiff (Ooi) did not raise objections, it does not mean that this court must accept the affidavits,'' he said. Justice Nathan said that at least if there had been an affidavit to rectify the errors even at a late stage, he would have, in the interest of justice, acceded. Moira Toh Siew Ling represented Citibank.