CHAILEASE BERJAYA CREDIT SDN. BHD. 1. ) MUHAMMAD SYAMSUL ARIFFIN BIN AMAT 2. ) SITI SHAHIRAH BINTI MOHD NOH PIHAK TERKILAN REGION FOOD INDUSTRIES SDN. BHD.

CHAILEASE BERJAYA CREDIT SDN. BHD. 1. ) MUHAMMAD SYAMSUL ARIFFIN BIN AMAT 2. ) SITI SHAHIRAH BINTI MOHD NOH PIHAK TERKILAN REGION FOOD INDUSTRIES SDN. BHD.

Wages payable under a subsisting contract are debts accruing due within the meaning of Order 49 ROC 2012; therefore a garnishee order may operate on a continuing basis to deduct up to 50% of the judgment debtor's net monthly wages until the judgment sum of RM29,999.69 is satisfied, subject to statutory caps and termination of employment.

Citation
WA-A72NCC-1036-01/2025 (Mahkamah Majistret)
Parties
Judgment Creditor: CHAILEASE BERJAYA CREDIT SDN. BHD.; Judgment Debtor: MUHAMMAD SYAMSUL ARIFFIN BIN AMAT; Judgment Debtor: SITI SHAHIRAH BINTI MOHD NOH; Garnishee: MAYBANK ISLAMIC BERHAD; Garnishee: REGION FOOD INDUSTRIES SDN. BHD.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
14 August 2025
Case Number
WA-A72NCC-1036-01/2025 (Mahkamah Majistret)
Procedural Posture
Garnishee Proceeding Under Order 49 Rules of Court 2012 / Hearing on Show Cause Order; Court Determination and Garnishee Order Made Absolute
Outcome
Garnishee order made absolute; continuing garnishment of 50% of JD1's net monthly salary by G2 until judgment satisfied; costs awarded to G2; order limited by applicable statutory provisions and employment status.
Legal Topics
Garnishment, Attachment of Wages, Debtors Act 1957, Employment Act 1955, Order 49 Rules of Court 2012
Source Language
Malay/English
Civil Procedure Employment Law Debt Recovery Labour Law Garnishment Attachment of Wages Debtors Act 1957 Employment Act 1955 +1 more

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Parties

CHAILEASE BERJAYA CREDIT SDN. BHD.

Judgment Creditor

MUHAMMAD SYAMSUL ARIFFIN BIN AMAT

Judgment Debtor

SITI SHAHIRAH BINTI MOHD NOH

Judgment Debtor

MAYBANK ISLAMIC BERHAD

Garnishee

REGION FOOD INDUSTRIES SDN. BHD.

Garnishee

Procedural Posture

Garnishee Proceeding Under Order 49 Rules of Court 2012 / Hearing on Show Cause Order; Court Determination and Garnishee Order Made Absolute

Legal Issues

  1. 1 Whether wages payable by the Second Garnishee to JD1 fall within the meaning of 'any debt due or accruing due' under Order 49 ROC 2012
  2. 2 Whether a garnishee order may operate on a continuing basis against future wages without fresh monthly applications
  3. 3 Whether the statutory framework permits and limits such deductions

Ratio Decidendi

Wages payable under a subsisting contract are debts accruing due within the meaning of Order 49 ROC 2012; therefore a garnishee order may operate on a continuing basis to deduct up to 50% of the judgment debtor's net monthly wages until the judgment sum of RM29,999.69 is satisfied, subject to statutory caps and termination of employment.

Court Disposition

Garnishee order made absolute; continuing garnishment of 50% of JD1's net monthly salary by G2 until judgment satisfied; costs awarded to G2; order limited by applicable statutory provisions and employment status.

Orders

  • The Garnishee Order is made absolute.
  • The Second Garnishee (G2) shall deduct 50% of the net monthly salary of JD1, after statutory deductions, and pay the same directly to the Judgment Creditor each month until full satisfaction of the judgment sum of RM29,999.69 (as at 28 February 2025), subject to s.3(1)(f) Debtors Act 1957 and s.24(8) Employment Act...