Ng Ek Hock@ Ooi Ek Hock See Thoo Seng Fook@soo Tho Seng Fook

Ng Ek Hock@ Ooi Ek Hock See Thoo Seng Fook@soo Tho Seng Fook

The Judge affirmed the SAR's dismissal of JDS-2 because the JDS-1 decision was final and conclusive between the parties, thus res judicata bars JC from seeking the full original judgment sum in a fresh JDS; JDS-1 effectively modified the original judgment liability (per authority on modification by installments) and JDS-2 therefore constitutes an abuse of process. RTB's retention of funds to meet agreed executor fees and administration expenses is lawful and necessary, and JC failed to appeal JDS-1 or follow the JDS-1 mechanism for further enforcement, so appellate intervention is unwarranted.

Citation
WA-37J-35-05/2023 (Mahkamah Tinggi)
Parties
Judgment Creditor: NG EK HOCK @ OOI EK HOCK; Judgment Creditor: LIONEL NG KWOK SHEUN; Judgment Creditor: CLARA NG SIAO TING; Judgment Debtor: SEE THOO SENG FOOK @ SOO THO SENG FOOK; Second Judgment Debtor / Executor: SOO TOO THIAM FOOK (Rockwills Trustee Berhad as executor); Judgment Debtor: PENTADBIR PEJABAT DAERAH DAN TANAH, HULU LANGAT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 April 2024
Case Number
WA-37J-35-05/2023 (Mahkamah Tinggi)
Procedural Posture
Appeal to Judge in Chambers Under O.56(1) RHC 2012 Against SAR Decision Dismissing Judgment Debtor Summons / Judgment on Appeal (judge in Chambers)
Outcome
Appeal dismissed; decision of Senior Assistant Registrar affirmed
Legal Topics
Res Judicata, Judgment Debtor Examination (jds), Abuse of Process, Priority of Estate Administration Expenses and Executor Fees, Variation/modification of Judgments by Subsequent Orders
Source Language
Malay/English
Civil Procedure Execution of Judgment Probate and Administration Trust Law Criminal Allegations (raised But Not Prosecuted) Res Judicata Judgment Debtor Examination (jds) Abuse of Process +2 more

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Parties

NG EK HOCK @ OOI EK HOCK

Judgment Creditor

LIONEL NG KWOK SHEUN

Judgment Creditor

CLARA NG SIAO TING

Judgment Creditor

SEE THOO SENG FOOK @ SOO THO SENG FOOK

Judgment Debtor

SOO TOO THIAM FOOK (Rockwills Trustee Berhad as executor)

Second Judgment Debtor / Executor

PENTADBIR PEJABAT DAERAH DAN TANAH, HULU LANGAT

Judgment Debtor

Procedural Posture

Appeal to Judge in Chambers Under O.56(1) RHC 2012 Against SAR Decision Dismissing Judgment Debtor Summons / Judgment on Appeal (judge in Chambers)

Legal Issues

  1. 1 Whether the second Judgment Debtor Summons (JDS-2) is barred by res judicata due to a prior final decision in JDS-1
  2. 2 Whether JDS-2 constitutes an abuse of court process
  3. 3 Whether the executor (RTB) is obliged to pay the full original judgment sum despite the JDS-1 order

Ratio Decidendi

The Judge affirmed the SAR's dismissal of JDS-2 because the JDS-1 decision was final and conclusive between the parties, thus res judicata bars JC from seeking the full original judgment sum in a fresh JDS; JDS-1 effectively modified the original judgment liability (per authority on modification by installments) and JDS-2 therefore constitutes an abuse of process. RTB's retention of funds to meet agreed executor fees and administration expenses is lawful and necessary, and JC failed to appeal JDS-1 or follow the JDS-1 mechanism for further enforcement, so appellate intervention is unwarranted.

Court Disposition

Appeal dismissed; decision of Senior Assistant Registrar affirmed

Orders

  • Enclosure 21 (JDS-2) dismissed with costs of RM3,000.00 payable within 30 days
  • No appellate intervention warranted; SAR's order dated 29.08.2023 affirmed