IMELDA NASREEN BINTI NASRUDDIN @ BALCHIN MASYITAH BINTI MD HASSAN

IMELDA NASREEN BINTI NASRUDDIN @ BALCHIN MASYITAH BINTI MD HASSAN

Although there was doubt whether personal service on the debtor was effected, the court found the creditor had incurred costs in filing and attempting service and is entitled to recover costs under section 11 of the Debtors Act 1957; the creditor's claimed quantum was excessive and the court fixed a reasonable award of RM1,500.00 (subject to allocatur). The judgment debtor summons filed was cancelled and the debtor ordered to pay costs of RM1,500.00 to the creditor.

Citation
JA-37J-2-04/2023 (Mahkamah Tinggi)
Parties
Judgment Creditor: Imelda Nasreen binti Nasruddin @ Balchin; Judgment Debtor: Masyitah binti Md Hassan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 October 2023
Case Number
JA-37J-2-04/2023 (Mahkamah Tinggi)
Procedural Posture
Execution/application Under Debtors Act 1957 (judgment Debtor Summons) / Costs Determination Following Satisfaction/payment of Judgment
Outcome
Judgment debtor summons cancelled; judgment debtor ordered to pay costs of RM1,500.00 to judgment creditor subject to fi alokatur.
Legal Topics
Judgment Debtor Proceedings, Service of Process, Substituted Service, Service on Solicitor, Assessment of Costs, Debtors Act S11
Source Language
Malay/English
Civil Procedure Enforcement of Judgments Costs Law Service of Process Judgment Debtor Proceedings Substituted Service Service on Solicitor Assessment of Costs +1 more

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Parties

Imelda Nasreen binti Nasruddin @ Balchin

Judgment Creditor

Masyitah binti Md Hassan

Judgment Debtor

Procedural Posture

Execution/application Under Debtors Act 1957 (judgment Debtor Summons) / Costs Determination Following Satisfaction/payment of Judgment

Legal Issues

  1. 1 Whether personal service of the judgment debtor summons was effected
  2. 2 Whether creditor is entitled to recover costs of judgment debtor proceedings under s11 Debtors Act 1957 despite judgment having been satisfied
  3. 3 Appropriate quantum of costs for the judgment debtor proceedings

Ratio Decidendi

Although there was doubt whether personal service on the debtor was effected, the court found the creditor had incurred costs in filing and attempting service and is entitled to recover costs under section 11 of the Debtors Act 1957; the creditor's claimed quantum was excessive and the court fixed a reasonable award of RM1,500.00 (subject to allocatur). The judgment debtor summons filed was cancelled and the debtor ordered to pay costs of RM1,500.00 to the creditor.

Court Disposition

Judgment debtor summons cancelled; judgment debtor ordered to pay costs of RM1,500.00 to judgment creditor subject to fi alokatur.

Orders

  • Saman Penghutang Penghakiman dibatalkan
  • Masyitah binti Md Hassan ordered to pay Imelda Nasreen binti Nasruddin @ Balchin costs of RM1,500.00, subject to fi alokatur