Chan Loong
Civil Appeal No. KCH-12B-14/4-2012
MALAYSIA IN THE HIGH COURT IN SABAH AND SARAWAK AT KUCHING CIVIL APPEAL NO. KCH-12B-14/4-2012
5
BETWEEN (1) (2 CHAN WON LOONG (WN.KP.661002-06-5405) CHAN SOOK KIN (WN.KP.701211-06-5034)
Both of No.22, Lo13477, Ground Floor, Block C Jalan Tun Razak
10
93450 Kuching, Sarawak.
...
... AND
...
...
...
...
Appellants
NG YAN LING (WN.KP.670924-13-6016) No.7, Taman Tapang Emas Jalan Sungai Tapang
15
93250 Kuching, Sarawak.
...
...
...
...
...
...Respondent
(In the matter of the Session Court at Kuching in the State of Sarawak Malaysia Summons No, KCH-52-688-2011)
BETWEEN
20
NG YAN LING (WN.KP.670924-13-6016) No.7, Taman Tapang Emas Jalan Sungai Tapang 93 250 Kuching, Sarawak. ... ... ... ... ... ... ... Plaintiff
25
(1) (2)
CHAN WON LOONG (WN.KP.661002-06-5405) CHAN SOOK KIN (WN.KP.701211-06-5034)
1
Civil Appeal No. KCH-12B-14/4-2012
Both of No.22, Lot 3411, Ground Floor, Block C Jalan Tun Razak 93450 Kuching, Sarawak. ... ... ... ... ... ... Defendants
5
BEFORE THE HONOURABLE JUSTICE DATO RHODZARIAH BT. BUJANG IN CHAMBER JUDGMENT The two appellants in this appeal were co-owners of a condominium
10
unit and I shall refer to them as the Chans. The purchase of the property was financed by United Overseas Bank Malaysia Berhad (“the Bank”) with a charge over the property as security. Upon defaults of the financing facilities granted, the Bank terminated the financing agreements and commenced foreclosure proceedings. An order for sale was obtained and
15
following a public auction on 31st July, 2009 the property was transferred to Ng Yan Ling, being the successful bidder.
Four months later, on 26th November, 2009, the Chans filed a suit action against the Bank and Ng Yan Ling for, inter alia, a declaration that
20
the recall of the financing facilities by the Bank, the sale of the property to Ng Yan Ling be declared null and void
MALAYSIA IN THE HIGH COURT IN SABAH AND SARAWAK AT KUCHING CIVIL APPEAL NO. KCH-12B-14/4-2012
5
BETWEEN (1) (2 CHAN WON LOONG (WN.KP.661002-06-5405) CHAN SOOK KIN (WN.KP.701211-06-5034)
Both of No.22, Lo13477, Ground Floor, Block C Jalan Tun Razak
10
93450 Kuching, Sarawak.
...
... AND
...
...
...
...
Appellants
NG YAN LING (WN.KP.670924-13-6016) No.7, Taman Tapang Emas Jalan Sungai Tapang
15
93250 Kuching, Sarawak.
...
...
...
...
...
...Respondent
(In the matter of the Session Court at Kuching in the State of Sarawak Malaysia Summons No, KCH-52-688-2011)
BETWEEN
20
NG YAN LING (WN.KP.670924-13-6016) No.7, Taman Tapang Emas Jalan Sungai Tapang 93 250 Kuching, Sarawak. ... ... ... ... ... ... ... Plaintiff
25
(1) (2)
CHAN WON LOONG (WN.KP.661002-06-5405) CHAN SOOK KIN (WN.KP.701211-06-5034)
1
Civil Appeal No. KCH-12B-14/4-2012
Both of No.22, Lot 3411, Ground Floor, Block C Jalan Tun Razak 93450 Kuching, Sarawak. ... ... ... ... ... ... Defendants
5
BEFORE THE HONOURABLE JUSTICE DATO RHODZARIAH BT. BUJANG IN CHAMBER JUDGMENT The two appellants in this appeal were co-owners of a condominium
10
unit and I shall refer to them as the Chans. The purchase of the property was financed by United Overseas Bank Malaysia Berhad (“the Bank”) with a charge over the property as security. Upon defaults of the financing facilities granted, the Bank terminated the financing agreements and commenced foreclosure proceedings. An order for sale was obtained and
15
following a public auction on 31st July, 2009 the property was transferred to Ng Yan Ling, being the successful bidder.
Four months later, on 26th November, 2009, the Chans filed a suit action against the Bank and Ng Yan Ling for, inter alia, a declaration that
20
the recall of the financing facilities by the Bank, the sale of the property to Ng Yan Ling be declared null and void