1. ) KCSB Konsortium Sdn. Bhd. 2. ) Tekad Urus Sdn. Bhd. The Store (M) Sdn. Bhd. PIHAK YANG DIGARNIS 1. ) Malayan Banking Berhad 2. ) Maybank Islamic Berhad

1. ) KCSB Konsortium Sdn. Bhd. 2. ) Tekad Urus Sdn. Bhd. The Store (M) Sdn. Bhd. PIHAK YANG DIGARNIS 1. ) Malayan Banking Berhad 2. ) Maybank Islamic Berhad

The appeal was dismissed. The court held there is no statutory or common law requirement to serve the ex parte application papers (Form 98 and supporting affidavit) on the judgment debtor beyond service of the order nisi; garnishee proceedings focus on the garnishee and the burden to show cause lies with the garnishee. The non-disclosure of the JD's application to set aside the writ of possession was not material to the garnishee proceedings and did not vitiate the ex parte order. The Deputy Registrar did not misapply his discretion.

Citation
JA-37G-58-12/2023 (Mahkamah Tinggi)
Parties
Judgment Creditor: KCSB Konsortium Sdn Bhd; Judgment Creditor: Tekad Urus Sdn Bhd; Judgment Debtor: The Store (M) Sdn Bhd; Garnishee: Malayan Banking Berhad; Garnishee: Malayan Islamic Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 March 2025
Case Number
JA-37G-58-12/2023 (Mahkamah Tinggi)
Procedural Posture
Garnishee Proceedings / Execution of Judgment / Appeal to High Court (judge in Chambers) Against Deputy Registrar Decision; Further Appeal to Court of Appeal Noted
Outcome
Appeal dismissed
Legal Topics
Order 49 Rules 1 4 Rules of Court 2012, Order 46 Rule 3 Rules of Court 2012, Service of Ex Parte Application, Full and Frank Disclosure in Ex Parte Applications, Writ of Possession Vs Garnishee Proceedings
Source Language
Malay/English
Civil Procedure Enforcement of Judgment Garnishment Remedies Order 49 Rules 1 4 Rules of Court 2012 Order 46 Rule 3 Rules of Court 2012 Service of Ex Parte Application Full and Frank Disclosure in Ex Parte Applications +1 more

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Parties

KCSB Konsortium Sdn Bhd

Judgment Creditor

Tekad Urus Sdn Bhd

Judgment Creditor

The Store (M) Sdn Bhd

Judgment Debtor

Malayan Banking Berhad

Garnishee

Malayan Islamic Berhad

Garnishee

Procedural Posture

Garnishee Proceedings / Execution of Judgment / Appeal to High Court (judge in Chambers) Against Deputy Registrar Decision; Further Appeal to Court of Appeal Noted

Legal Issues

  1. 1 Whether the ex parte notice of application (Form 98) and supporting affidavit must be served on the judgment debtor as well as the garnishee prior to obtaining an order nisi
  2. 2 Whether the judgment creditor's failure to disclose the judgment debtor's application to set aside the writ of possession (WOP) was a material non-disclosure that vitiates the ex parte show cause order

Ratio Decidendi

The appeal was dismissed. The court held there is no statutory or common law requirement to serve the ex parte application papers (Form 98 and supporting affidavit) on the judgment debtor beyond service of the order nisi; garnishee proceedings focus on the garnishee and the burden to show cause lies with the garnishee. The non-disclosure of the JD's application to set aside the writ of possession was not material to the garnishee proceedings and did not vitiate the ex parte order. The Deputy Registrar did not misapply his discretion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of RM5,000.00 to be paid by the Judgment Debtor to the Judgment Creditor subject to allocator fees