OMITECH ROAD SYSTEMS (M) SDN BHD BINA PURI CONSTRUCTION SDN BHD PIHAK YANG DIGARNIS 1. ) MALAYAN BANKING BERHAD 2. ) CIMB BANK BERHAD

OMITECH ROAD SYSTEMS (M) SDN BHD BINA PURI CONSTRUCTION SDN BHD PIHAK YANG DIGARNIS 1. ) MALAYAN BANKING BERHAD 2. ) CIMB BANK BERHAD

No statutory trust exists under the Sabah enactment and the judgment debtor failed to prove an express trust over the Maybank account; therefore the RM23,919.18 are not protected trust monies. The appeal is allowed, the garnishee order nisi is restored and made absolute as sought by the judgment creditor; no costs ordered.

Citation
BA-37G-63-05/2024 (Mahkamah Tinggi)
Parties
Judgment Creditor: Omitech Road Systems (M) Sdn Bhd; Judgment Debtor: Bina Puri Construction Sdn Bhd; Garnishee First: Malayan Banking Berhad; Garnishee Second: CIMB Bank Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 December 2024
Case Number
BA-37G-63-05/2024 (Mahkamah Tinggi)
Procedural Posture
Garnishee Proceeding / Appeal From Deputy Registrar in High Court (grounds of Judgment)
Outcome
Appeal allowed; garnishee order nisi restored and made absolute; no order as to costs
Legal Topics
Garnishee Order, Trust Monies, Statutory Trust, Express Trust, Sinking Fund, Maintenance Fees
Source Language
Malay/English
Civil Procedure Trusts Property Law Strata Law Enforcement (garnishment) Garnishee Order Trust Monies Statutory Trust +3 more

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Parties

Omitech Road Systems (M) Sdn Bhd

Judgment Creditor

Bina Puri Construction Sdn Bhd

Judgment Debtor

Malayan Banking Berhad

Garnishee First

CIMB Bank Berhad

Garnishee Second

Procedural Posture

Garnishee Proceeding / Appeal From Deputy Registrar in High Court (grounds of Judgment)

Legal Issues

  1. 1 Whether RM23,919.18 in the judgment debtor's bank account are trust monies not subject to garnishment
  2. 2 Whether a statutory trust arises under the Sabah Land (Subsidiary Titles) Enactment 1972 or by analogy to the Strata Management Act 2013
  3. 3 Whether an express or implied trust was proved and who bears the burden of proof

Ratio Decidendi

No statutory trust exists under the Sabah enactment and the judgment debtor failed to prove an express trust over the Maybank account; therefore the RM23,919.18 are not protected trust monies. The appeal is allowed, the garnishee order nisi is restored and made absolute as sought by the judgment creditor; no costs ordered.

Court Disposition

Appeal allowed; garnishee order nisi restored and made absolute; no order as to costs

Orders

  • Appeal allowed
  • Garnishee order nisi restored and made absolute per Notice of Appeal in Enclosure 16