SOUTH AYRSHIRE COUNCIL UNG ENG HUAT

SOUTH AYRSHIRE COUNCIL UNG ENG HUAT

On the balance of probabilities the judgment debtor did not receive notice of the Scottish proceedings in sufficient time to enable him to defend them; therefore section 5(1)(a)(iii) of the REJA is satisfied and the registration/order (Enclosure 12) is set aside, and the court may set aside an order obtained in the absence of a party under its inherent powers to prevent injustice.

Citation
WA-24NCvC-1961-05/2023 (Mahkamah Tinggi)
Parties
Judgment Creditor: SOUTH AYRSHIRE COUNCIL; Judgment Debtor: UNG ENG HUAT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 July 2024
Case Number
WA-24NCvC-1961-05/2023 (Mahkamah Tinggi)
Procedural Posture
Enforcement of Foreign Judgment Under Reja; Civil Enforcement Proceedings / Application to Set Aside Registration/order and to Transfer Proceedings to Special Power Division
Outcome
Enclosure 12 allowed and set aside on grounds that s 5(1)(a)(iii) REJA is met; registration of the Scottish Decree set aside.
Legal Topics
Registration of Foreign Judgment, Service of Process, Right to Be Heard (natural Justice), Setting Aside Registered Judgment, Transfer of Proceedings
Source Language
Malay/English
Reciprocal Enforcement of Judgments Civil Procedure Conflict of Laws Inherent Powers of the Court Registration of Foreign Judgment Service of Process Right to Be Heard (natural Justice) Setting Aside Registered Judgment +1 more

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Parties

SOUTH AYRSHIRE COUNCIL

Judgment Creditor

UNG ENG HUAT

Judgment Debtor

Procedural Posture

Enforcement of Foreign Judgment Under Reja; Civil Enforcement Proceedings / Application to Set Aside Registration/order and to Transfer Proceedings to Special Power Division

Legal Issues

  1. 1 Whether the judgment debtor received notice of the foreign proceedings in time to defend (s 5(1)(a)(iii) REJA)
  2. 2 Whether the registration of the Scottish Decree should be set aside under REJA
  3. 3 Whether the proceedings should be transferred to the Special Power Division

Ratio Decidendi

On the balance of probabilities the judgment debtor did not receive notice of the Scottish proceedings in sufficient time to enable him to defend them; therefore section 5(1)(a)(iii) of the REJA is satisfied and the registration/order (Enclosure 12) is set aside, and the court may set aside an order obtained in the absence of a party under its inherent powers to prevent injustice.

Court Disposition

Enclosure 12 allowed and set aside on grounds that s 5(1)(a)(iii) REJA is met; registration of the Scottish Decree set aside.

Orders

  • Order dated 3.10.2023 (Enclosure 12) is set aside.
  • Registration of the Scottish Decree dated 19.10.2021 is set aside pursuant to section 5(1)(a)(iii) of the Reciprocal Enforcement of Judgments Act 1958.