Ang Teck Wang Big Sdn Bhd

Ang Teck Wang Big Sdn Bhd

The High Court erred in ordering re-examination and discovery because the conditions for drawing an adverse inference and for ordering a retrial/re-examination were not met; the Sessions Court had properly assessed the evidence and its factual decision to order RM2,500 monthly instalments was supported and should be...

Source-derived case information.

Citation
W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)
Parties
Appellant: Ang Teck Wang; Respondent: BIG Sdn Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
12 March 2020
Case Number
W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Determination of Appeal (judgment Delivered)
Outcome
Appeal allowed; High Court decision set aside; Sessions Court decision restored.
Legal Topics
Judgment Debtor Summons, Instalment Orders, Discovery of Documents, Adverse Inference, Re Examination/retrial
Debt Enforcement Civil Procedure Judgment Debtor Proceedings Enforcement of Judgment Judgment Debtor Summons Instalment Orders Discovery of Documents Adverse Inference +1 more

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Parties

Ang Teck Wang

Appellant

BIG Sdn Bhd

Respondent

Procedural Posture

Civil Appeal (court of Appeal) / Determination of Appeal (judgment Delivered)

Legal Issues

  1. 1 Whether the Sessions Court's instalment order under the Debtors Act was reasonable and supported by evidence
  2. 2 Whether the High Court erred in ordering re-examination and discovery of documents
  3. 3 Whether an adverse inference should be drawn for non-production of documents

Ratio Decidendi

The High Court erred in ordering re-examination and discovery because the conditions for drawing an adverse inference and for ordering a retrial/re-examination were not met; the Sessions Court had properly assessed the evidence and its factual decision to order RM2,500 monthly instalments was supported and should be restored.

Court Disposition

Appeal allowed; High Court decision set aside; Sessions Court decision restored.

Orders

  • High Court decision set aside and Sessions Court decision restored
  • Costs awarded to appellant in the sum of RM10,000.00 subject to allocatur