JNH BINA SDN. BHD. Suhaimi Bin Sabudin PIHAK YANG DIGARNIS Perbadanan Kemajuan Negeri Pulau Pinang

JNH BINA SDN. BHD. Suhaimi Bin Sabudin PIHAK YANG DIGARNIS Perbadanan Kemajuan Negeri Pulau Pinang

The appeal is dismissed and the Garnishee Order absolute is affirmed because the progressive payments due from the PDC were money belonging to the judgment debtor and therefore garnishable despite contractual assignments to SME Bank, particularly where the assignee did not intervene, some assignments post‑dated the judgment, and the judgment debtor repeatedly admitted the PDC owed it sums.

Citation
PA-37G-36-09/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor: Suhaimi bin Sabudin; Judgment Debtor: JNH Bina Sdn. Bhd.; Garnishee: Perbadanan Pembangunan Pulau Pinang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 September 2024
Case Number
PA-37G-36-09/2022 (Mahkamah Tinggi)
Procedural Posture
Garnishee Proceedings / Appeal to Judge in Chambers
Outcome
Appeal dismissed; Garnishee Order absolute affirmed
Legal Topics
Garnishee Order, Assignment of Debts, Priority of Assignee, Show Cause Hearing, Execution of Judgment
Source Language
Malay/English
Civil Procedure Enforcement of Judgments Contract Banking Law Garnishee Order Assignment of Debts Priority of Assignee Show Cause Hearing +1 more

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Parties

Suhaimi bin Sabudin

Judgment Creditor

JNH Bina Sdn. Bhd.

Judgment Debtor

Perbadanan Pembangunan Pulau Pinang

Garnishee

Procedural Posture

Garnishee Proceedings / Appeal to Judge in Chambers

Legal Issues

  1. 1 Whether debts payable by the garnishee to the judgment debtor are garnishable where the judgment debtor assigned those debts to a third party
  2. 2 Whether an assignment entered into after judgment can defeat garnishee proceedings
  3. 3 Whether an assignee who does not intervene can assert priority over a garnishor

Ratio Decidendi

The appeal is dismissed and the Garnishee Order absolute is affirmed because the progressive payments due from the PDC were money belonging to the judgment debtor and therefore garnishable despite contractual assignments to SME Bank, particularly where the assignee did not intervene, some assignments post‑dated the judgment, and the judgment debtor repeatedly admitted the PDC owed it sums.

Court Disposition

Appeal dismissed; Garnishee Order absolute affirmed

Orders

  • Appeal dismissed
  • Garnishee Order absolute affirmed