Kartekesu a/l Ulaganathan 1. Masahiro Ozutsumi 2. Sadayuki Suzuki 3. Hajime Eikawa

Kartekesu a/l Ulaganathan 1. Masahiro Ozutsumi 2. Sadayuki Suzuki 3. Hajime Eikawa

The High Court held the Session Court's order fixing instalments was a final decision as to the Judgment Debtor's ability to satisfy the judgment and therefore appealable; on merits the Session Court's RM30,000 instalment was unsupported and unreasonable given the appellant's proven income and partial evidence, and the High Court varied the instalment to RM10,000 monthly based on available evidence of income, expenses and bank transfers.

Citation
BA-12ANCVC-190-11/2019 (Mahkamah Tinggi)
Parties
Appellant/judgment Debtor: Kartekesu a/l Ulaganathan; Respondent/judgment Creditor: Masahiro Ozutsumi; Respondent/judgment Creditor: Sadayuki Suzuki; Respondent/judgment Creditor: Hajime Eikawa
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 September 2020
Case Number
BA-12ANCVC-190-11/2019 (Mahkamah Tinggi)
Procedural Posture
High Court Appeal From Session Court / Judgment on Appeal
Outcome
Appeal allowed in part; High Court varied Session Court order dated 08 November 2019
Legal Topics
Judgment Debtor Examination, Appealability of Interlocutory Orders, Computation of Instalment Payments
Source Language
Malay/English
Civil Procedure Enforcement of Judgments Appealability Judgment Debtor Examination Appealability of Interlocutory Orders Computation of Instalment Payments

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Parties

Kartekesu a/l Ulaganathan

Appellant/judgment Debtor

Masahiro Ozutsumi

Respondent/judgment Creditor

Sadayuki Suzuki

Respondent/judgment Creditor

Hajime Eikawa

Respondent/judgment Creditor

Procedural Posture

High Court Appeal From Session Court / Judgment on Appeal

Legal Issues

  1. 1 Whether the Session Court order dated 08 November 2019 is appealable under s3 read with ss27 and 29 of the Courts of Judicature Act
  2. 2 Whether the Session Court erred by fixing monthly instalments of RM30,000 without adequate reasons or evidential basis
  3. 3 What instalment amount is appropriate based on the Judgment Debtor's proven income, expenses and bank transactions

Ratio Decidendi

The High Court held the Session Court's order fixing instalments was a final decision as to the Judgment Debtor's ability to satisfy the judgment and therefore appealable; on merits the Session Court's RM30,000 instalment was unsupported and unreasonable given the appellant's proven income and partial evidence, and the High Court varied the instalment to RM10,000 monthly based on available evidence of income, expenses and bank transfers.

Court Disposition

Appeal allowed in part; High Court varied Session Court order dated 08 November 2019

Orders

  • High Court varies Session Court order dated 08 November 2019 to require payment of RM198,239.99 and costs of RM1,352.00 by monthly instalments of RM10,000.00 until full settlement
  • Variation to take effect from 08 November 2019