ALAN TRAVEL SERVICE CO., LIMITED (RESIDENT (CORPORATION) REGISTRATION nO. : 110111-1931199) VACATION INTERNATIONAL SDN. BHD. (NO. SYARIKAT : 140146-H)

ALAN TRAVEL SERVICE CO., LIMITED (RESIDENT (CORPORATION) REGISTRATION nO. : 110111-1931199) VACATION INTERNATIONAL SDN. BHD. (NO. SYARIKAT : 140146-H)

The High Court allowed the respondent's preliminary objection: the appeal will not be heard until the appellant and its director have purged their contempt in the Sessions Court, and the appellant's failure to file the mandatory memorandum/record of appeal under Order 55 r.4 KKM 2012 (and incorrect coding) justified striking the appeal as academic; the suspension application was also dismissed.

Citation
WA-12BNCVC-141-12/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant/judgment Debtor: Vacation Asia International Sdn. Bhd.; Respondent/plaintiff/judgment Creditor: Alan Travel Service Co. Limited
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 July 2020
Case Number
WA-12BNCVC-141-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Determination on Preliminary Objections (interlocutory)
Outcome
Preliminary objections allowed; appeal declared academic and not heard pending purging of contempt; suspension application dismissed.
Legal Topics
Judgment Debtor Summons (jds), Committal Proceedings, Mandatory Filing of Memorandum/record of Appeal, Purging Contempt Before Being Heard, Failure to Comply With Court Rules
Source Language
Malay/English
Civil Procedure Contempt of Court Judgment Enforcement Appeal Procedure Judgment Debtor Summons (jds) Committal Proceedings Mandatory Filing of Memorandum/record of Appeal Purging Contempt Before Being Heard +1 more

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Parties

Vacation Asia International Sdn. Bhd.

Appellant/defendant/judgment Debtor

Alan Travel Service Co. Limited

Respondent/plaintiff/judgment Creditor

Procedural Posture

Civil Appeal / High Court Determination on Preliminary Objections (interlocutory)

Legal Issues

  1. 1 Whether the appellant and its director must purge contempt in the Sessions Court before the High Court will hear the appeal
  2. 2 Whether a Judgment Debtor Summons (JDS) constitutes a 'trial' for purposes of Order 55 r.4 KKM 2012 and the filing of a memorandum of appeal
  3. 3 Whether failure to file the mandatory memorandum/record of appeal and incorrect appeal coding justifies dismissal of the appeal

Ratio Decidendi

The High Court allowed the respondent's preliminary objection: the appeal will not be heard until the appellant and its director have purged their contempt in the Sessions Court, and the appellant's failure to file the mandatory memorandum/record of appeal under Order 55 r.4 KKM 2012 (and incorrect coding) justified striking the appeal as academic; the suspension application was also dismissed.

Court Disposition

Preliminary objections allowed; appeal declared academic and not heard pending purging of contempt; suspension application dismissed.

Orders

  • Preliminary objection by respondent allowed.
  • Appeal declared academic and struck/unheard because appellant failed to purge contempt and failed to file mandatory memorandum of appeal.