REGAL ELITE LETRIK SDN BHD COUNTRY GARDEN DANGA BAY SDN BHD PIHAK YANG DIGARNIS CIMB BANK BERHAD

REGAL ELITE LETRIK SDN BHD COUNTRY GARDEN DANGA BAY SDN BHD PIHAK YANG DIGARNIS CIMB BANK BERHAD

The court held that 'conclusion of proceedings' in Order 59 r.7 KKM is not limited to a full trial and includes interlocutory hearings; the Court of Appeal's order awarding costs 'here and below' became final where no further appeal was pursued and is enforceable without an express 'forthwith' direction; accordingly the judgment debtor's application to set aside the garnishee show-cause order was dismissed and the garnishee show-cause hearing will proceed.

Citation
JA-37G-5-02/2023 (Mahkamah Tinggi)
Parties
Judgment Creditor / Plaintiff: Regal Elite Letrik Sdn Bhd; Judgment Debtor / Defendant: Country Garden Danga Bay Sdn Bhd; Garnishee: CIMB Bank Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 June 2023
Case Number
JA-37G-5-02/2023 (Mahkamah Tinggi)
Procedural Posture
Application for Garnishee Order (execution) / Hearing of Order to Show Cause (interlocutory)
Outcome
Application by judgment debtor to set aside/cancel garnishee order dismissed; garnishee show-cause hearing to proceed.
Legal Topics
Garnishee Orders, Interpretation of 'conclusion of Proceedings', Costs on Appeal, Enforcement of Appellate Cost Orders
Source Language
Malay/English
Civil Procedure Execution and Enforcement Costs Garnishee Orders Interpretation of 'conclusion of Proceedings' Costs on Appeal Enforcement of Appellate Cost Orders

Case Brief

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Parties

Regal Elite Letrik Sdn Bhd

Judgment Creditor / Plaintiff

Country Garden Danga Bay Sdn Bhd

Judgment Debtor / Defendant

CIMB Bank Berhad

Garnishee

Procedural Posture

Application for Garnishee Order (execution) / Hearing of Order to Show Cause (interlocutory)

Legal Issues

  1. 1 Whether the judgment debtor may participate in garnishee proceedings to set aside a garnishee order
  2. 2 Whether 'conclusion of proceedings' under Order 59 r.7 KKM is limited to full trial or includes interlocutory hearings
  3. 3 Whether costs awarded by the Court of Appeal are payable forthwith in absence of express 'forthwith' language

Ratio Decidendi

The court held that 'conclusion of proceedings' in Order 59 r.7 KKM is not limited to a full trial and includes interlocutory hearings; the Court of Appeal's order awarding costs 'here and below' became final where no further appeal was pursued and is enforceable without an express 'forthwith' direction; accordingly the judgment debtor's application to set aside the garnishee show-cause order was dismissed and the garnishee show-cause hearing will proceed.

Court Disposition

Application by judgment debtor to set aside/cancel garnishee order dismissed; garnishee show-cause hearing to proceed.

Orders

  • Proceed with garnishee order to show cause hearing
  • Judgment debtor Country Garden Danga Bay Sdn Bhd to pay costs of RM1,500.00 to Regal Elite Letrik Sdn Bhd