FACULTY OF LAW & GOVERNMENT

DEPARTMENT OF LAW

HELP BACHELOR OF LAWS (HONS)

YEAR 2 SEM B

JANUARY 2024

ASSIGNMENT QUESTIONS
&
REGULATIONS

HELP University Sdn Bhd (84963-D)

No. 15, Jalan Sri Semantan 1,
Off Jalan Semantan,
Bukit Damansara,
50508 Kuala Lumpur
HELP BACHELOR OF LAWS (HONS) (Year 2 January 2024)

1. ASSIGNMENT SUBMISSION DATE

The assignment submission date is as follows:

CODE SUBJECT SUBMISSION DATE

28th FEBRUARY 2024

LLB202B LAND LAW B
(WEDNESDAY)

NOTE:
Submissions after the specified time will be considered as late submissions and
may be considered as a non-submission unless due to medical and/or extenuating
circumstances as stipulated in Clause 2 herein.

2. LATE SUBMISSIONS

Students are advised to start their research on the assignments as soon as

possible. Working to a slightly earlier deadline will leave students time to cope with
any last minute problems, whether as to substance or technical in nature (e.g.
network connection). Late submission of an assignment due to medical or any
other extenuating circumstances, must be supported by a medical certificate or
any other supporting document. The document(s) must be submitted along with
the assignment immediately upon the expiry of the medical leave or at the date
approved by the lecturer / tutor, whichever is earlier. Only medical certificates with
dates which correspond with the date of submission of the relevant
assignment(s) shall be accepted.

3. GUIDELINES FOR EXTENSION OF ASSIGNMENT/COURSEWORK

DEADLINES

All requests for an extension of time to submit coursework assignments will only be
granted in extenuating circumstances. All requests for such extensions must be
made in the Appeal for Late Submission of Assignment Form, which is available at
www.lms.help.edu.my within THREE (3) working days of the deadline. Reason(s)
for such request must be stated clearly in the Form and where appropriate, must
be supported by a medical certificate or any other supporting document for
purposes of verification by the Administrative Office of the Department.

Any request for extensions made after the expiry of three (3) days from the deadline
will NOT be entertained except in exceptional circumstances where illness,

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HELP BACHELOR OF LAWS (HONS) (Year 2 January 2024)

hospitalization or bereavement may have prevented a student from making such

requests. Any incomplete request forms will NOT be entertained.

An ‘acceptable reason’ for an extension means any situation which, in the opinion
of the lecturer or tutor concerned, would have prevented a competent, well-
organised, conscientious student from being able to submit his coursework within
the stipulated deadline. Students are required to inform their lecturers or tutors of
any reason which may seriously affect their work, whether or not an extension is
required as a consequence.

4. PLAGIARISM

Lifting the work, thoughts and idea(s) of another and presenting them as one’s own
without properly acknowledging its source, amounts to plagiarism. Plagiarism is a
form of cheating and is a serious offence.1 Any student found to have committed
plagiarism will be dealt with as stipulated in the University and/or Programme
Handbooks.

5. METHOD OF SUBMISSION

Students are required to submit the assignment via the HLMS using the template
provided. Students need to ensure that the assignment is submitted onto the HLMS
within the scheduled submission period. No submission will be allowed after the
due date. Students are advised to submit well in advance of the cut-off time lines
to avoid any technical problems.

6. FORMAT

All assignments must be word processed. All cases and statutes must be in bold.
Assignments must be double-spaced. Font size and style must be Arial 12 and the
left and right margins must be one inch. Ensure that text on the right margin is
aligned and justified. The assignment must be paginated. The assignment must be
accompanied by:

a) a completed Assignment Folder;

b) a Cover Page (indicating the University information, Coursework information

and the word count) as discussed in the Law Skills Series; and

1. Refer to Paragraph 4.13.7 to 4.13.16 of the University Handbook 2022.

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HELP BACHELOR OF LAWS (HONS) (Year 2 January 2024)

c) a Table of Contents, List of References, and a Bibliography.

Failure to adhere with a complete Cover Page may result in a deduction of

2% of the final assignment marks

NB: The assignment must not contain Appendices

7. WORD COUNT

The word limit for all assignments is 2000 words. Lecturers will disregard and not
grade the content of the words beyond 2000 words.

8. CITATION STYLES FOR LEGAL WORK

Students are required to apply the referencing skills that have been taught in their
Research and Writing Skills module of the Law Skills Series.

9. REFERENCING STYLE

The referencing style adopted by the Department of Law, HELP University is the
Oxford University Standard for Citation of Legal Authorities (OSCOLA), available at
www.law.ox.ac.uk/published/OSCOLA_4th_edn_HART_2012.pdf.
It is COMPULSORY for students to adhere to this referencing style when citing
authorities, legislation, and other legal materials in their course work assignments.

10. IMPORTANT ADDITIONAL INFORMATION

All assignments must contain a Bibliography and List of References. Students are
required to ensure that the compulsory readings are integrated in the assignment.
The use of non-authoritative sources is strictly prohibited and may result in a
deduction of marks. Students are reminded that the assignments must be
demonstrative of knowledge, viewpoints, analysis, critique and proposals obtained
and referenced from legal sources both primary and secondary and authoritative
sources.

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HELP BACHELOR OF LAWS (HONS) (Year 2 January 2024)

LAND LAW B

Scrutinize the legal framework governing the process of public auctions in Malaysia as
outlined by the National Land Code 2020 and evaluate its effectiveness in balancing the
conflicting interests between the Chargee and the Chargor.

Please support your answer with relevant case laws and provisions of the National Land
Code 2020.

This assignment assesses Course Learning Outcome (CLO) 2:

Evaluate the various principles governing rights over land in Malaysia (C5, PLO2).

General Expectation:

Students are expected to conduct extensive research by employing both traditional and
modern research methodologies. In producing a good assignment, students are advised
to pay particular attention to the content of the essay, originality and creative thought,
style, and presentation of the essay, referencing and acknowledgement of sources.

Specific Expectation:

This assignment is designed to test the students’ understanding of the process of public
auctions under the National Land Code 2020 and to evaluate the effectiveness of the
process in balancing the conflicting interests between the Chargee and the Chargor. In
answering this question, students are expected to:
• Explain the legal framework governing the process of public auctions in Malaysia,
as outlined in the National Land Code 2020.
• Identify the protection given by the National Land Code 2020 to both the Chargee
and Chargor during the process of public auction.
• Evaluate the effectiveness of the existing legal framework in striking a balance
between the conflicting interests of the Chargee (the lender) and the Chargor (the
borrower) within the context of the process of public auctions.

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HELP BACHELOR OF LAWS (HONS) (Year 2 January 2024)

Compulsory Reading:

1. Ainul Jaria Maidin, Principles of Malaysian Land Law (LexisNexis 2008)

2. Teo Keang Sood, Khaw Lake Tee, Land Law in Malaysia Cases and
Commentary (LexisNexis 2016)
3. Elizabeth Low, ‘Is it a Gamble to Buy a Property by Way of a Court Administered
Public Auction Under the National Land Code?’ [2021] 2 MLJ ccxiii
4. RR Sethu, ‘Challenges to Chargees: Principle and Precedent’ [1993] 3 MLJ xc
5. SCB v Packiri Maideen [1963] 1 MLJ 276
6. M&J Frozen Food Sdn Bhd v Siland Sdn Bhd [1994] 1 MLJ 294
7. UMBC v Chong Bun Sun [1994] 2 MLJ 221
8. Downsview Nominees Ltd v First City Corp [1993] AC 295.
9. Talam Corp Bhd & Anor v Bangkok Bank Bhd & Anor [2016] 6 MLJ 61, CA
10. Thilagavathy d/o Durairajoo v Penolong Kanan Pendaftar [2002] MLJU 360
11. EON Bank Bhd v BH Steel Sdn Bhd & Anor [2005] 2 MLJ 753
12. Asia Commercial Finance (M) Bhd v Development Realtor Sdn Bhd [1992] 2 MLJ
504
13. CIMB Islamic Bank Berhad v. Khairuddin Abu Hassan [2021] MLRAU 15, CA
14. Malaysian International Merchant Bankers Bhd v Dhanoa Sdn Bhd [1988] 1 MLJ
257
15. Talam Corp Bhd & Anor v Bangkok Bank Bhd & Anor [2016] 6 MLJ 61
16. NKM Properties Sdn Bhd v Rakyat First Merchant Bankers Bhd [1992] 2 MLJ
349
17. Bank Pertanian Malaysia v Bakar bin Pelan [1999] 1 AMR 228