Ang Teck Wang Big Sdn Bhd

Ang Teck Wang Big Sdn Bhd

The Court restored the Sessions Court order because the Sessions Court had carefully evaluated evidence, its factual findings that supported payment by instalments of RM2,500 monthly were reasonable and supported, there was no basis to draw an adverse inference for non-production of documents, and the High Court erred in ordering re-examination/discovery and making inconsistent orders including a retrial; accordingly the appeal is allowed and the Sessions Court decision is reinstated.

Citation
W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)
Parties
Appellant / Judgment Debtor: Ang Teck Wang; Respondent / Judgment Creditor: BIG Sdn Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
12 March 2020
Case Number
W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Under Debtors Act Arising From Sessions Court and High Court Decisions / Hearing and Judgment in the Court of Appeal
Outcome
Appeal allowed; High Court decision set aside; decision of the Sessions Court restored; costs awarded to respondent.
Legal Topics
Judgment Debtor Summons, Instalment Orders Under Debtors Act 1957, Re Examination/retrial, Discovery and Adverse Inference, Appeal and Appellate Interference
Source Language
Malay/English
Civil Procedure Execution of Judgment Statutory Interpretation Judgment Debtor Summons Instalment Orders Under Debtors Act 1957 Re Examination/retrial Discovery and Adverse Inference Appeal and Appellate Interference

Case Brief

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Parties

Ang Teck Wang

Appellant / Judgment Debtor

BIG Sdn Bhd

Respondent / Judgment Creditor

Procedural Posture

Civil Appeal Under Debtors Act Arising From Sessions Court and High Court Decisions / Hearing and Judgment in the Court of Appeal

Legal Issues

  1. 1 Whether the Sessions Court rightly exercised its discretion under section 4(6)(b) Debtors Act 1957 to order RM2,500 monthly instalments
  2. 2 Whether the High Court erred in ordering re-examination/discovery and making inconsistent orders including a retrial
  3. 3 Whether an adverse inference should be drawn for non-production of documents

Ratio Decidendi

The Court restored the Sessions Court order because the Sessions Court had carefully evaluated evidence, its factual findings that supported payment by instalments of RM2,500 monthly were reasonable and supported, there was no basis to draw an adverse inference for non-production of documents, and the High Court erred in ordering re-examination/discovery and making inconsistent orders including a retrial; accordingly the appeal is allowed and the Sessions Court decision is reinstated.

Court Disposition

Appeal allowed; High Court decision set aside; decision of the Sessions Court restored; costs awarded to respondent.

Orders

  • High Court decision set aside
  • Decision of the Sessions Court dated 14.3.2019 restored