PEMIUTANG PENGHAKIMAN Shameg Trading PENGHUTANG PENGHAKIMAN IOS Resources Sdn Bhd LAIN-LAIN Iskandar Investment Berhad (Pihak Yang Digarnis)

PEMIUTANG PENGHAKIMAN Shameg Trading PENGHUTANG PENGHAKIMAN IOS Resources Sdn Bhd LAIN-LAIN Iskandar Investment Berhad (Pihak Yang Digarnis)

Garnishee order could not be made absolute because the garnishee proceedings were commenced after the presentation/commencement of the winding up of the judgment debtor; under s472(3) CA 2016 any attachment or execution against the company's assets after presentation of the winding up petition is void, and the judgment creditor must prove its debt in the liquidation process (s525 CA 2016).

Citation
JA-37G-4-01/2020 (Mahkamah Tinggi)
Parties
Judgment Creditor: Shameg Trading; Judgment Debtor: IOS Resources Sdn Bhd [In Liquidation]; Garnishee: Iskandar Investment Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 August 2020
Case Number
JA-37G-4-01/2020 (Mahkamah Tinggi)
Procedural Posture
Garnishee/enforcement Proceedings Under Order 49 Rules of Court / Application to Make Garnishee Order Absolute (post Judgment Enforcement); Application Dismissed
Outcome
Application by Judgment Creditor to make garnishee order absolute dismissed
Legal Topics
Garnishee Proceedings, Attachment After Presentation of Winding Up Petition, Avoidance of Dispositions (s472(3) CA 2016), Proof of Debt in Liquidation (s525 CA 2016), Direct Payment Under CIPAA S30 (distinguished)
Source Language
Malay/English
Company Law Insolvency and Winding Up Civil Procedure Construction Law Enforcement of Judgments Garnishee Proceedings Attachment After Presentation of Winding Up Petition Avoidance of Dispositions (s472(3) CA 2016) +2 more

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Parties

Shameg Trading

Judgment Creditor

IOS Resources Sdn Bhd [In Liquidation]

Judgment Debtor

Iskandar Investment Berhad

Garnishee

Procedural Posture

Garnishee/enforcement Proceedings Under Order 49 Rules of Court / Application to Make Garnishee Order Absolute (post Judgment Enforcement); Application Dismissed

Legal Issues

  1. 1 Whether garnishee proceedings commenced after presentation of winding up petition are valid
  2. 2 Whether the final certificate created an immediately payable debt enforceable by garnishee proceedings
  3. 3 Whether the judgment creditor can bypass liquidation and obtain direct payment from garnishee

Ratio Decidendi

Garnishee order could not be made absolute because the garnishee proceedings were commenced after the presentation/commencement of the winding up of the judgment debtor; under s472(3) CA 2016 any attachment or execution against the company's assets after presentation of the winding up petition is void, and the judgment creditor must prove its debt in the liquidation process (s525 CA 2016).

Court Disposition

Application by Judgment Creditor to make garnishee order absolute dismissed

Orders

  • The Judgment Creditor's application for the garnishee order to be made absolute is dismissed