1. ) Lee Chay Boon 2. ) Poh Kim Tong v Sabah Development Bank Berhad
Catchwords
1. This is the Plaintiffs’ claim for a declaration that the charge (Presentation No. 75625/2018) registered by the Defendant over their property is null and void. 2. The Court finds that the Plaintiffs had fully paid the purchase price and obtained vacant possession prior to the charge. 3. The Developer, having become a bare trustee, had no authority to execute the charge. 4. The Defendant, as an immediate chargee, cannot rely on the protection of section 340(3) NLC. 5. Accordingly, the charge is defeasible under section 340(2)(b) NLC. 6. The Plaintiffs’ claim is allowed with costs of RM50,000.
Practice Areas
1. This is the Plaintiffs’ claim for a declaration that the charge (Presentation No. 75625/2018) registered by the Defendant over their property is null and void. 2. The Court finds that the Plaintiffs had fully paid the purchase price and obtained vacant possession prior to the charge. 3. The Developer, having become a bare trustee, had no authority to execute the charge. 4. The Defendant, as an immediate chargee, cannot rely on the protection of section 340(3) NLC. 5. Accordingly, the charge is defeasible under section 340(2)(b) NLC. 6. The Plaintiffs’ claim is allowed with costs of RM50,000.
Judges (1)
Case Significance
1. ) Lee Chay Boon 2. ) Poh Kim Tong v Sabah Development Bank Berhad is a High Court (Mahkamah Tinggi) decision dated October 20, 2025 (citation: ja-22ncvc-146-11-2023). The case was decided by Noradura binti Hamzah.
Key issues: 1. This is the Plaintiffs’ claim for a declaration that the charge (Presentation No. 75625/2018) registered by the Defendant over their property is null and void..
What was the outcome of 1. ) Lee Chay Boon 2. ) Poh Kim Tong v Sabah Development Bank Berhad?
1. ) Lee Chay Boon 2. ) Poh Kim Tong v Sabah Development Bank Berhad is a High Court decision dated October 20, 2025. The case was heard by Noradura binti Hamzah. See the full judgment for details.