Lee Choon Seng & Sons Sdn Bhd Tewara Sdn Bhd PIHAK YANG DIGARNIS PUBLIC BANK BERHAD

Lee Choon Seng & Sons Sdn Bhd Tewara Sdn Bhd PIHAK YANG DIGARNIS PUBLIC BANK BERHAD

The court held that it has jurisdiction to entertain the application but JD's affidavit in reply was filed out of time and not supported by acceptable evidence, JD failed to particularize alleged calculation errors and non‑disclosure of pending appeals was not sufficiently material to have prevented the ex‑parte order; service timing did not vitiate the garnishee order because the garnishee was first served in accordance with the court's directions and the hearing was postponed; accordingly the application to set aside the garnishee order was dismissed but an interim suspension was granted delaying the making absolute of the garnishee order pending resolution of JD's stay application at...

Citation
JA-37G-23-06/2023 (Mahkamah Tinggi)
Parties
Judgment Creditor: LEE CHOON SENG & SONS SDN BHD; Judgment Debtor: TEWARA SDN BHD; Garnishee: PUBLIC BANK BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 November 2023
Case Number
JA-37G-23-06/2023 (Mahkamah Tinggi)
Procedural Posture
Interlocutory Application to Set Aside Garnishee Order / Decision on Application; Interim Suspension Ordered
Outcome
Application to set aside garnishee order dismissed; interim suspension of making garnishee order absolute granted pending disposition of stay application at High Court
Legal Topics
Order 49 Garnishee Proceedings, Setting Aside Ex‑parte Garnishee Order, Non‑disclosure in Ex‑parte Applications, Extension of Time for Affidavits, Interim Stay Pending Appeal
Source Language
Malay/English
Civil Procedure Garnishment Enforcement of Judgment Interlocutory Relief Appeal Procedure Order 49 Garnishee Proceedings Setting Aside Ex‑parte Garnishee Order Non‑disclosure in Ex‑parte Applications +2 more

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Parties

LEE CHOON SENG & SONS SDN BHD

Judgment Creditor

TEWARA SDN BHD

Judgment Debtor

PUBLIC BANK BERHAD

Garnishee

Procedural Posture

Interlocutory Application to Set Aside Garnishee Order / Decision on Application; Interim Suspension Ordered

Legal Issues

  1. 1 Whether the High Court has jurisdiction to set aside an ex‑parte garnishee order
  2. 2 Whether the judgment debtor's affidavit in reply was filed out of time and should be excluded
  3. 3 Whether the calculation relied upon by the judgment creditor was incorrect

Ratio Decidendi

The court held that it has jurisdiction to entertain the application but JD's affidavit in reply was filed out of time and not supported by acceptable evidence, JD failed to particularize alleged calculation errors and non‑disclosure of pending appeals was not sufficiently material to have prevented the ex‑parte order; service timing did not vitiate the garnishee order because the garnishee was first served in accordance with the court's directions and the hearing was postponed; accordingly the application to set aside the garnishee order was dismissed but an interim suspension was granted delaying the making absolute of the garnishee order pending resolution of JD's stay application at...

Court Disposition

Application to set aside garnishee order dismissed; interim suspension of making garnishee order absolute granted pending disposition of stay application at High Court

Orders

  • Application by TEWARA SDN BHD to set aside garnishee order dated 18.7.2023 dismissed
  • Affidavit in reply filed by TEWARA SDN BHD on 8.10.2023 excluded from consideration