Section 55

the performance of any of the duties or the exercise of any of the powers imposed or conferred upon the

Director by this Act;

any difficult question of law, or the true construction or validity or effect of any instrument, or concerning the person entitled to any holding or any interest therein, or the extent or nature of the right, interest, power or authority of any person or class of persons; or

National Land Code (Penang and Malacca Titles)

any matter in respect of which any entry ought to be made by the Director in the Interim Register, or the manner in which any doubtful or uncertain right or interest should be dealt with by the Director under this Act, and the Director considers that such question cannot be disposed of by him in exercise of the powers conferred on him by Part II , he may refer such question to the Court by a reference in Form G.

Whenever the Director refers any question to the Court under subsection (1), he shall serve notice on all parties interested therein accordingly, and shall forthwith enter a caveat upon any appropriate folio or folios of the Interim Register.

In considering any reference under this section the Court shall allow the Director and any of the persons interested in the reference to appear before it, and may summon any other of such parties to appear and show cause either personally or by his advocate and solicitor in relation thereto; and if in such reference the Court, having regard to the parties appearing before it shall think it proper to decide the question contained in such reference it shall have power to do so, or to direct that any proceedings be instituted for that purpose or, at the discretion of the Court and without deciding such question, to direct such entry or entries to be made on the Interim Register as under the circumstances shall appear to be just.

No appeal shall lie from a decision of the Court under this section except with the leave of *the Federal Court.

The powers conferred upon the Director by this section shall be exercisable only by that officer.

Any caveat referred to in subsection (2) shall be entered in accordance with and shall be subject to and removable or renewable under the National Land Code.

*NOTE—Previously “the Supreme Court”–see section 46 of the Constitution (Amendment) Act 1994

[Act A885].

48 Laws of Malaysia ACT 518