PEMIUTANG PENGHAKIMAN Pegawai Pendakwa PENGHUTANG PENGHAKIMAN Shaharuz Zaman Bin Noordin (No. K/P 560801085805) T/A Tadika Mesra Qaseh

PEMIUTANG PENGHAKIMAN Pegawai Pendakwa PENGHUTANG PENGHAKIMAN Shaharuz Zaman Bin Noordin (No. K/P 560801085805) T/A Tadika Mesra Qaseh

The judgment debtor admitted liability and failed to prove an inability to pay or provide corroborating financial evidence; the court found he had benefited from a business operated by his son under his name; therefore, under s75 Employment Act 1955 the Director General's order is enforceable and a reasonable instalment order of RM3,000 per month was appropriate to satisfy the RM34,273.79 award, with acceleration on default.

Citation
AA-56J-33-11/2022 (Mahkamah Sesyen)
Parties
Judgment Creditor: Wan Lily Mariani bt Omar & 9 others; Judgment Debtor: Shaharuz Zaman bin Noordin T/A Tadika Mesra Qaseh
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 March 2023
Case Number
AA-56J-33-11/2022 (Mahkamah Sesyen)
Procedural Posture
Enforcement of Director General's Order Under Employment Act 1955 (judgment Enforcement) / Sessions Court Judgment Debtor Summons Hearing; Judgment Given; Appeal to High Court Pending
Outcome
Sessions Court ordered the judgment debtor to pay RM3,000 per month to Pejabat Tenaga Kerja, Ipoh until the judgment sum is fully paid; first instalment due on or before 7 April 2023; subsequent instalments due on or before the 7th of each month; if any instalment is missed the entire outstanding sum becomes...
Legal Topics
Judgment Enforcement, Judgment Debtor Summons, Instalment Orders, Wage Claims, Director General's Order
Source Language
Malay/English
Employment Law Civil Enforcement Debt Recovery Administrative Law Judgment Enforcement Judgment Debtor Summons Instalment Orders Wage Claims +1 more

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Parties

Wan Lily Mariani bt Omar & 9 others

Judgment Creditor

Shaharuz Zaman bin Noordin T/A Tadika Mesra Qaseh

Judgment Debtor

Procedural Posture

Enforcement of Director General's Order Under Employment Act 1955 (judgment Enforcement) / Sessions Court Judgment Debtor Summons Hearing; Judgment Given; Appeal to High Court Pending

Legal Issues

  1. 1 Whether the Director General's order is enforceable as a Sessions Court judgment under section 75 Employment Act 1955
  2. 2 Whether the judgment debtor proved inability to pay and is entitled to a reduced instalment order
  3. 3 Whether the business run by the judgment debtor's son but registered in the debtor's name affects liability and ability to pay

Ratio Decidendi

The judgment debtor admitted liability and failed to prove an inability to pay or provide corroborating financial evidence; the court found he had benefited from a business operated by his son under his name; therefore, under s75 Employment Act 1955 the Director General's order is enforceable and a reasonable instalment order of RM3,000 per month was appropriate to satisfy the RM34,273.79 award, with acceleration on default.

Court Disposition

Sessions Court ordered the judgment debtor to pay RM3,000 per month to Pejabat Tenaga Kerja, Ipoh until the judgment sum is fully paid; first instalment due on or before 7 April 2023; subsequent instalments due on or before the 7th of each month; if any instalment is missed the entire outstanding sum becomes...

Orders

  • Judgment debtor ordered to pay RM3,000 per month to Pejabat Tenaga Kerja, Ipoh until RM34,273.79 is satisfied
  • First instalment to be paid on or before 7 April 2023