1. ) Choo Teik Shiong 2. ) GOH SEE KWONG 3. ) NG YIN CHING 4. ) YAP PEI LEE 5. ) TAN SUET FONG 6. ) YAP CHEE WEE EKOVEST CAPITAL SDN. BHD. (DAHULU DIKENALI SEBAGAI PROMPT CAPITAL SDN. BHD.) PENCELAH CIMB BANK BERHAD

1. ) Choo Teik Shiong 2. ) GOH SEE KWONG 3. ) NG YIN CHING 4. ) YAP PEI LEE 5. ) TAN SUET FONG 6. ) YAP CHEE WEE EKOVEST CAPITAL SDN. BHD. (DAHULU DIKENALI SEBAGAI PROMPT CAPITAL SDN. BHD.) PENCELAH CIMB BANK BERHAD

Court granted an absolute garnishee order because the supporting affidavits and account statements established that the garnishee held sufficient funds to satisfy the judgment sums, interest and costs; the garnishee order as amended was consistent with prior judgments as applied by the court, and therefore RM79,430.91 was to be paid by the garnishee subject to deduction of RM750 (costs to judgment creditors) and RM300 (garnishee costs) from the garnishee account.

Citation
WA-B52NCvC-115-03/2021 (Mahkamah Sesyen)
Parties
Respondent / Judgment Creditor: Choo Teik Shiong; Respondent / Judgment Creditor: Goh See Kwong; Respondent / Judgment Creditor: Ng Yin Ching; Respondent / Judgment Creditor: Yap Pei Lee; Respondent / Judgment Creditor: Tan Suet Fong; Respondent / Judgment Creditor: Yap Chee Wee; Defendant / Appellant (perayu): Ekovest Capital Sdn Bhd; Garnishee (seventh Garnishee): CIMB Bank Berhad and CIMB Islamic Bank Berhad
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 September 2025
Case Number
WA-B52NCvC-115-03/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Enforcement — Garnishee Proceedings and Appeal / Appeal Heard in High Court (judgment on Garnishee Application Arising From Sessions Court/high Court Judgments)
Outcome
Absolute garnishee order granted
Legal Topics
Garnishee Order, Costs, Interest on Judgment Debt, Limitation / Time Bar
Source Language
Malay/English
Civil Procedure Enforcement of Judgment Banking/enforcement Against Debtor Accounts Garnishee Order Costs Interest on Judgment Debt Limitation / Time Bar

Case Brief

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Parties

Choo Teik Shiong

Respondent / Judgment Creditor

Goh See Kwong

Respondent / Judgment Creditor

Ng Yin Ching

Respondent / Judgment Creditor

Yap Pei Lee

Respondent / Judgment Creditor

Tan Suet Fong

Respondent / Judgment Creditor

Yap Chee Wee

Respondent / Judgment Creditor

Ekovest Capital Sdn Bhd

Defendant / Appellant (perayu)

CIMB Bank Berhad and CIMB Islamic Bank Berhad

Garnishee (seventh Garnishee)

Procedural Posture

Civil Enforcement — Garnishee Proceedings and Appeal / Appeal Heard in High Court (judgment on Garnishee Application Arising From Sessions Court/high Court Judgments)

Legal Issues

  1. 1 Whether an absolute garnishee order should be granted against the garnishee for the judgment sums
  2. 2 Whether the garnishee account holds sufficient funds to satisfy the judgment debts, interest and costs
  3. 3 Whether the garnishee order filed is inconsistent with the High Court judgment and therefore invalid

Ratio Decidendi

Court granted an absolute garnishee order because the supporting affidavits and account statements established that the garnishee held sufficient funds to satisfy the judgment sums, interest and costs; the garnishee order as amended was consistent with prior judgments as applied by the court, and therefore RM79,430.91 was to be paid by the garnishee subject to deduction of RM750 (costs to judgment creditors) and RM300 (garnishee costs) from the garnishee account.

Court Disposition

Absolute garnishee order granted

Orders

  • Garnishee ordered to pay RM79,430.91 to the judgment creditors as satisfaction of the judgment debt
  • Costs to garnishee of RM300.00 to be paid out of the garnishee account