Introduction
The High Court in the recent case of Ho Kean Pin v
Malayan Banking Berhad & Anor [2020] MLJU 1435
ruled that the inherent jurisdiction of the Court cannot be invoked
in favour of a successful bidder of a land purchased at a public
auction to extend the timeline for payment of the purchase price
as a result of the Movement Control Order
("MCO"), without first ensuring that the
Chargor's interest is not in any way jeopardised by the
same.
Background Facts
The Plaintiff was the successful bidder at a public auction held
on 7.1.2020, whereby he had duly paid the deposit of 10% out of the
reserve price prior to the auction and had thereafter successfully
secured a loan from a Bank on 21.1.2020 for the purpose of paying
the balance purchase price. Pursuant to Clause 16 of the Conditions
for Sale (attached to the Proclamation of Sale) and Section
257(1)(g) of the National Land Code 1965, the Plaintiff was to
settle the payment of the balance purchase
