E-KOMODITI SDN BHD CENTURY SOFTWARE SDN BHD

E-KOMODITI SDN BHD CENTURY SOFTWARE SDN BHD

The High Court held the Session Court was not plainly wrong: the judge properly applied Order 48 R.1 and s.4 of the Debtors Act, correctly assessed the debtor's means and evidence of transfers to the director and assets as at 31.8.2023, and therefore the Session Court's orders for payment, committal and costs were upheld and the appeal dismissed.

Citation
BA-12B-28-03/2024 (Mahkamah Tinggi)
Parties
Appellant / Judgment Debtor: E-KOMODITI SDN BHD; Respondent / Judgment Creditor: CENTURY SOFTWARE (M) SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 March 2025
Case Number
BA-12B-28-03/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Session Court; Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Judgment Debtor Summons, Order 48 Rules of Court, Debtors Act S.4, Committal Order, Plainly Wrong Test
Source Language
Malay/English
Civil Procedure Judgment Enforcement Company Law Insolvency and Debtors Law Judgment Debtor Summons Order 48 Rules of Court Debtors Act S.4 Committal Order +1 more

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Parties

E-KOMODITI SDN BHD

Appellant / Judgment Debtor

CENTURY SOFTWARE (M) SDN BHD

Respondent / Judgment Creditor

Procedural Posture

Civil Appeal / Appeal From Session Court; Judgment Delivered

Legal Issues

  1. 1 Whether the Session Court was plainly wrong in finding the judgment debtor had means to satisfy the judgment
  2. 2 Whether the director and company could be treated as a single entity for enforcement
  3. 3 Whether the Session Court properly applied Order 48 R.1 and s.4 of the Debtors Act when ordering payment and committal

Ratio Decidendi

The High Court held the Session Court was not plainly wrong: the judge properly applied Order 48 R.1 and s.4 of the Debtors Act, correctly assessed the debtor's means and evidence of transfers to the director and assets as at 31.8.2023, and therefore the Session Court's orders for payment, committal and costs were upheld and the appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of RM6,000.00 subject to allocator
  • Session Court order requiring judgment debtor to pay RM516,412.10 (inclusive of interest and costs) within 14 days is affirmed