Please send back to me by 25/01/2018 (Thursday) 10pm. Latest 26/01/2018 (Friday) 10am.

Footnotes please use Oscola for now until further notice.

If you want to increase your word count, please let me know.

Introduction (Kwang Ching 500 words)

- Introduce what is Order of Sale

- Who are the parties in obtaining an Order of Sale?
- Introduce the facts of the case of Low Lee Lian v Ban Hin Lee Bank Bhd [1997] 1 MLJ 77
FC
- Establish the landmark of this case in affecting the Order of Sale
- Briefly state the assignment will discuss the impact of the case upon the Order of Sale

Content

A. Review and Evaluation upon the procedure of Order of Sale under NLC 1965 until complete
(Megan 1000 words)
- Establish the 2 procedures of Order of Sale until complete
- Section 253 to Section 269 and cases (Kimlin Housing etc etc).
- *note to self: refer to cases found in notes made previously found in 6.5

Comparison of latest amendments via National Land Code (Amendment) Act 2016 (Act
A1516) (Gunasundary 1000 words)
- Establish previously what was the time period and its effects.
- Section 254(1)(b) time period (amendment)
- Establish the comparison and analysis of why was it necessary (Effects)
- Insert any other cases relevant or amendments if found

B. Circumstances under which an Order of Sale will not be granted by an adjudicating court
(Jared 1000 words)
- Establish ‘Cause to contrary’ under Section 256(3)
- Refer to cases
o Keng Soon Finance Bhd. v MK Retnam Holdings Sdn. Bhd. & Anor [1989] 1 MLJ
457, 460 PC
o Low Lee Lian v Ban Hin Lee Bank Bhd. [1997] 1 MLJ 77 FC (*Important)
- If no cause to contrary? Courts obliged to make order of sale.
o Murugappa Chettiar v Letchumanan Chettiar
o Kheng Soon Finance Bhd. v MK Retnam Holdings Sdn. Bhd. & Anor
- Establish the circumstances emphasised in Low Lee Lian v Ban Hin Lee Bank Bhd. [1997]
1 MLJ 77 FC
- Establish the circumstances (ie, Defeasible, Failure to condition precedent for
application, Contrary to some rule of law or equity)
 - Attach relevant explanation and cases in accordance to each circumstance

C. Similar circumstances applied in the Islamic Banking system (Kumeraselvam 1000 words)
- Insert discussion of whether the circumstances are similar in Islamic Banking
- Application is different in Islamic Financing in accordance to Section 256(3) cause to
contrary.
- Refer to relevant cases
o Arab-Malaysian Merchant Bank Bhd. v Silver Concept Sdn. Bhd. [2005] 5 MLJ 210
- Establish why is it not similar
- Insert 2 latest reported case study on the matter.
- These are examples, find if there are any more recent ones close to 2017
o Suresh Emmanuel Abishegam & Anor v RHB Bank Bhd. [2011] 3 MLJ 171 CA
o ASM Metal Sdn. Bhd. v Malayan Banking Berhad [2011] 3 MLJ 317 CA

Conclusion (Megan 500 words)

Summarize the key points of the assignment.