Gary Au Kar Meng
About Gary Au Kar Meng
Gary Au Kar Meng appears as counsel of record in 6 reported Malaysia judgments (2024–2025). These were heard before MYHC (6).
On the court record
Gary Au Kar Meng appears in the reported corpus as counsel in land-charge enforcement and related property litigation, with the order-for-sale procedure recurring across the High Court. Several reported matters arise from the same terrain — a clash of claims over charged land, a moneylending agreement, and the legal boundaries of enforcement under section 256 of the National Land Code, where a chargee invoking a registered charge sought an order for sale and other consequential relief. In one matter the court considered whether the originating summons was premature under section 254(1) of the National Land Code, the effect of a 16D notice, and whether the underlying agreement was void for non-adherence to the Moneylenders Act 1951, so as to constitute "cause to the contrary" under section 256(3) that would defeat the order for sale.
His reported work on this theme is also argued in Bahasa Malaysia, engaging an application untuk melaksanakan hak Plaintif di bawah Gadaian (to enforce the plaintiff's rights under a charge) under Seksyen 256 Kanun Tanah Negara 1965 (section 256 of the National Land Code 1965) and Order 83 of the Rules of Court 2012 to obtain an order for sale by public auction under the direction of the Senior Assistant Registrar. His reported appearances extend to a stay application in judicial-review proceedings, where the applicant sought to restrain a residents' association from demolishing a guard house and boom gate pending the disposal of the substantive challenge, the court finding no special circumstances to warrant a stay. The reported matters place Gary Au Kar Meng in the field of secured-lending enforcement, the order-for-sale jurisdiction over charged land, and the intersection of the National Land Code with the moneylending legislation. The recurring shape of these matters — a chargee seeking to realise its security, a chargor resisting on the ground that the loan offends the moneylending legislation — makes the reported decisions a useful illustration of how the order-for-sale jurisdiction is defended and resisted in practice.
How many cases has Gary Au Kar Meng appeared in?
Gary Au Kar Meng appears as counsel of record in 6 reported Malaysia judgments (2024–2025).
Which courts does Gary Au Kar Meng appear in?
Gary Au Kar Meng appears before MYHC (6).
What is the focus of Gary Au Kar Meng's reported work?
Land-charge enforcement — the order-for-sale procedure over charged land under sections 254 and 256 of the National Land Code and Order 83 of the Rules of Court 2012, including the effect of a 16D notice and whether a moneylending agreement void under the Moneylenders Act 1951 is "cause to the contrary".
What can defeat an order for sale in his reported matters?
"Cause to the contrary" under section 256(3) of the National Land Code — for example, where the underlying agreement is void for non-adherence to the Moneylenders Act 1951, or where the originating summons is premature under section 254(1).