JANET LEE SHEAU ERN KHOO SENG HIN PIHAK YANG DIGARNIS 1. ) CIMB BANK BERHAD 2. ) CITIBANK BERHAD

JANET LEE SHEAU ERN KHOO SENG HIN PIHAK YANG DIGARNIS 1. ) CIMB BANK BERHAD 2. ) CITIBANK BERHAD

The High Court allowed the appeal because the creditor failed to disclose the material fact that the children had ceased attending the international school and that the property had been sold when obtaining the ex parte show-cause/garnishee orders; this non-disclosure rendered the application defective and justified setting aside both the show-cause order and the subsequent absolute garnishee order. The claimed amounts were also found not adequately supported.

Citation
PA-37G-5-04/2019 (Mahkamah Tinggi)
Parties
Judgment Creditor / Petitioner: Janet Lee Sheau Ern; Judgment Debtor / Respondent: Khoo Seng Hin; Garnishee: CIMB Bank Berhad; Garnishee: Citibank Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 July 2022
Case Number
PA-37G-5-04/2019 (Mahkamah Tinggi)
Procedural Posture
Divorce Enforcement and Garnishee Proceedings Arising From Consent Order / High Court Appeal From Registrar's Garnishee and Show Cause Orders
Outcome
Appeals by the Judgment Debtor allowed; show-cause order and absolute garnishee order set aside; costs awarded to Judgment Debtor
Legal Topics
Consent Order Enforcement, Ex Parte Disclosure, Setting Aside Orders, Show Cause/garnishee Orders, Costs
Source Language
Malay/English
Family Law Civil Procedure Enforcement Garnishee Proceedings Consent Order Enforcement Ex Parte Disclosure Setting Aside Orders Show Cause/garnishee Orders +1 more

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Parties

Janet Lee Sheau Ern

Judgment Creditor / Petitioner

Khoo Seng Hin

Judgment Debtor / Respondent

CIMB Bank Berhad

Garnishee

Citibank Berhad

Garnishee

Procedural Posture

Divorce Enforcement and Garnishee Proceedings Arising From Consent Order / High Court Appeal From Registrar's Garnishee and Show Cause Orders

Legal Issues

  1. 1 Whether failure to disclose material facts in an ex parte application (that children had ceased attending international school and property sold) invalidated the show-cause and garnishee orders
  2. 2 Whether the sums claimed under the consent order were properly pleaded and supported
  3. 3 Whether the monthly RM4,000 payment in the consent order covered items beyond school tuition

Ratio Decidendi

The High Court allowed the appeal because the creditor failed to disclose the material fact that the children had ceased attending the international school and that the property had been sold when obtaining the ex parte show-cause/garnishee orders; this non-disclosure rendered the application defective and justified setting aside both the show-cause order and the subsequent absolute garnishee order. The claimed amounts were also found not adequately supported.

Court Disposition

Appeals by the Judgment Debtor allowed; show-cause order and absolute garnishee order set aside; costs awarded to Judgment Debtor

Orders

  • Show-cause (tunjuk sebab) order set aside
  • Absolute garnishee (Perintah Mutlak) set aside