ISSUE 2/2023 – HIGH COURT ASSUMES POWERS TO EXTEND AN AUCTION PAYMENT PERIOD DUE TO COVID
High Court’s case of PUBLIC ISLAMIC BANK BERHAD v. FADHIL HUSSEIN ISHAK YASSIN MANSOR.
The intervener MS Citajaya Sdn Bhd, was the successful bidder at the public auction of the property that the defendant charged to the plaintiff and was granted an extension of time during the Covid-19 lockdown period to pay the balance of the purchase price.
The defendant appealed against the grant of the extension of time on the sole issue of whether the court had the power to allow suspension of time during the lockdown period and exclude the 28-day lockdown period from the computation of the 120 days in s 257(1)(g) of the National Land Code (NLC).
The court, in dismissing the appeal, held that although it did not have the power to extend the time stipulated in s 257(1)(g) of the NLC, the justice of the case required its intervention to exclude the 28 days lockdown period from the computation of the 120 days in s 257(1)(g) of the NLC due to the unforeseen and unprecedented events that took place due to the Covid-19 pandemic.