PEMIUTANG PENGHAKIMAN 1. AMINUL ISLAM ABDUL NOR (NRIC NO.: 670508-79-5039) 2. JR JOINT RESOURCES HOLDINGS SDN BHD (COMPANY NO.: 462917-T) PENGHUTANG PENGHAKIMAN JALALUDIN BIN SULAIMAN (NRIC NO.: 680728-01-5515)

PEMIUTANG PENGHAKIMAN 1. AMINUL ISLAM ABDUL NOR (NRIC NO.: 670508-79-5039) 2. JR JOINT RESOURCES HOLDINGS SDN BHD (COMPANY NO.: 462917-T) PENGHUTANG PENGHAKIMAN JALALUDIN BIN SULAIMAN (NRIC NO.: 680728-01-5515)

Service of the execution cause papers by registered post was valid and presumed effective under s12 Interpretation Acts and Order 62 r6 ROC; the judgment debtor failed to rebut that presumption; the challenged Rules of Court provisions (Order 45/47) were inapplicable as they concern committal; the Amended Judgment was clear and enforceable and the JD is estopped from collateral attack after exhausting appeals. Accordingly the application to set aside the execution proceedings was dismissed with costs.

Citation
JA-36-17-07/2019 [enclosure 23] (Mahkamah Tinggi)
Parties
Judgment Creditor: AMINUL ISLAM ABDUL NOR; Judgment Creditor: JR JOINT RESOURCES HOLDINGS SDN BHD; Judgment Debtor: JALALUDIN BIN SULAIMAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 July 2021
Case Number
JA-36-17-07/2019 [enclosure 23] (Mahkamah Tinggi)
Procedural Posture
Enforcement of High Court Judgment (execution) / Application to Set Aside Execution Proceedings (prohibitory Order and Order for Sale)
Outcome
Application dismissed
Legal Topics
Service of Process, Prohibitory Order, Order for Sale, Joint and Several Liability, Interpretation Act S12, Collateral Challenge/estoppel
Source Language
Malay/English
Civil Procedure Enforcement of Judgments Property Law Service of Process Prohibitory Order Order for Sale Joint and Several Liability Interpretation Act S12 +1 more

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Parties

AMINUL ISLAM ABDUL NOR

Judgment Creditor

JR JOINT RESOURCES HOLDINGS SDN BHD

Judgment Creditor

JALALUDIN BIN SULAIMAN

Judgment Debtor

Procedural Posture

Enforcement of High Court Judgment (execution) / Application to Set Aside Execution Proceedings (prohibitory Order and Order for Sale)

Legal Issues

  1. 1 Whether cause papers for execution proceedings were validly served on the judgment debtor
  2. 2 Whether service by registered post satisfies Rules of Court for execution documents
  3. 3 Whether Order 45/47 provisions relied on by JD apply to execution by sale (non‑committal)

Ratio Decidendi

Service of the execution cause papers by registered post was valid and presumed effective under s12 Interpretation Acts and Order 62 r6 ROC; the judgment debtor failed to rebut that presumption; the challenged Rules of Court provisions (Order 45/47) were inapplicable as they concern committal; the Amended Judgment was clear and enforceable and the JD is estopped from collateral attack after exhausting appeals. Accordingly the application to set aside the execution proceedings was dismissed with costs.

Court Disposition

Application dismissed

Orders

  • Application in Enclosure 23 to set aside execution proceedings dismissed
  • Applications JA-36-20-07/2019 and JA-36-21-07/2019 dismissed (identical grounds)