PEMIUTANG PENGHAKIMAN K & L FAMILY SDN BHD PENGHUTANG PENGHAKIMAN PERSATUAN LUNG YEN MANJUNG PERAK

PEMIUTANG PENGHAKIMAN K & L FAMILY SDN BHD PENGHUTANG PENGHAKIMAN PERSATUAN LUNG YEN MANJUNG PERAK

The judgment debtor's repeated and unsuccessful attempts to stay execution and the existence of a subsisting monetary judgment and order meant the debtor was barred by res judicata from preventing execution; absent a stay or successful setting aside of the Order of 6.12.2013, the judgment creditor was entitled to proceed with sale of Lot 890 and the appeal was dismissed.

Citation
AA-36-5-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff/judgment Creditor: K & L Family Sdn Bhd; Defendant/judgment Debtor: Persatuan Lung Yen Manjung Perak
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 June 2021
Case Number
AA-36-5-11/2019 (Mahkamah Tinggi)
Procedural Posture
Execution of Judgment / Appeal to Court of Appeal (after Dismissal of Appeal to Judge in Chambers)
Outcome
Appeal dismissed; order for sale affirmed
Legal Topics
Stay of Execution, Writ of Seizure and Sale, Prohibitory Order, Res Judicata, Procedure for Sale of Immovable Property, Costs
Source Language
Malay/English
Civil Procedure Execution of Judgment Res Judicata Company and Society Law Stay of Execution Writ of Seizure and Sale Prohibitory Order Procedure for Sale of Immovable Property +1 more

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Parties

K & L Family Sdn Bhd

Plaintiff/judgment Creditor

Persatuan Lung Yen Manjung Perak

Defendant/judgment Debtor

Procedural Posture

Execution of Judgment / Appeal to Court of Appeal (after Dismissal of Appeal to Judge in Chambers)

Legal Issues

  1. 1 Whether a further application to stay execution and halt the sale of mortgaged immovable property should be granted
  2. 2 Whether the judgment debtor is entitled to prevent sale of property pending a fresh suit alleging fraud
  3. 3 Whether the procedure of obtaining a prohibitory order and issuing a writ of seizure and sale was correctly followed

Ratio Decidendi

The judgment debtor's repeated and unsuccessful attempts to stay execution and the existence of a subsisting monetary judgment and order meant the debtor was barred by res judicata from preventing execution; absent a stay or successful setting aside of the Order of 6.12.2013, the judgment creditor was entitled to proceed with sale of Lot 890 and the appeal was dismissed.

Court Disposition

Appeal dismissed; order for sale affirmed

Orders

  • Lot 890 to be sold by public auction to satisfy RM591,723.96 owing as at 31.10.2019 under the Order of 6.12.2013
  • Jaaz Zairushida Binti Ja’afar, a licensed auctioneer, to conduct the auction and advertise in a local newspaper 14 days before the auction date