ALLTRUST INTERNATIONAL PTE LTD LAGENDA ERAJUTA SDN BHD

ALLTRUST INTERNATIONAL PTE LTD LAGENDA ERAJUTA SDN BHD

The appeal was dismissed because ownership of substantial land assets (valued circa RM80,000,000 in 2019) without evidence of devaluation or of steps taken to prevent realisation constituted sufficient means to order lump sum payment under section 4(6) of the Debtors Act 1957; the 1st judgment debtor failed to demonstrate present inability to pay.

Citation
WA-37J-31-03/2021 (Mahkamah Tinggi)
Parties
Plaintiff / Judgment Creditor: ALLTRUST INTERNATIONAL PTE LTD; Defendant / 1st Judgment Debtor: LAGENDA ERAJUTA SDN BHD; Defendant / 2nd Judgment Debtor: SIAW SWEE HIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2022
Case Number
WA-37J-31-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Enforcement Order (judgment Debtor Summons) / Appeal From Senior Assistant Registrar Order Made Under Debtors Act 1957 S4(6)
Outcome
Appeal dismissed; decision of the Senior Assistant Registrar upheld
Legal Topics
Judgment Debtor Summons, Debtors Act 1957 S4(6), Assessment of Ability to Pay, Asset Valuation and Liquidation, Consent Judgment Enforcement
Source Language
Malay/English
Civil Procedure Enforcement of Judgments Commercial Litigation Company Law Judgment Debtor Summons Debtors Act 1957 S4(6) Assessment of Ability to Pay Asset Valuation and Liquidation +1 more

Case Brief

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Parties

ALLTRUST INTERNATIONAL PTE LTD

Plaintiff / Judgment Creditor

LAGENDA ERAJUTA SDN BHD

Defendant / 1st Judgment Debtor

SIAW SWEE HIN

Defendant / 2nd Judgment Debtor

Procedural Posture

Civil Appeal Against Enforcement Order (judgment Debtor Summons) / Appeal From Senior Assistant Registrar Order Made Under Debtors Act 1957 S4(6)

Legal Issues

  1. 1 Whether the 1st judgment debtor had present ability to pay the outstanding judgment debt
  2. 2 Whether the Senior Assistant Registrar properly exercised powers under section 4(6) of the Debtors Act 1957 to order lump sum payment
  3. 3 Whether ownership of valuable land without evidence of steps to realise it can support an order for payment

Ratio Decidendi

The appeal was dismissed because ownership of substantial land assets (valued circa RM80,000,000 in 2019) without evidence of devaluation or of steps taken to prevent realisation constituted sufficient means to order lump sum payment under section 4(6) of the Debtors Act 1957; the 1st judgment debtor failed to demonstrate present inability to pay.

Court Disposition

Appeal dismissed; decision of the Senior Assistant Registrar upheld

Orders

  • Appeal dismissed with costs
  • 1st judgment debtor ordered to pay USD150,000 to the judgment creditor as per the SAR order, to be paid within three months from 15 March 2022 and at the latest by 14 June 2022