Court stops bank
from selling off woman’s apartment
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
“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
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.