PEMIUTANG PENGHAKIMAN SALVATORE A/L MUNUSAMY PENGHUTANG PENGHAKIMAN MOHD NURAIZAD BIN AHMAD LIAS

PEMIUTANG PENGHAKIMAN SALVATORE A/L MUNUSAMY PENGHUTANG PENGHAKIMAN MOHD NURAIZAD BIN AHMAD LIAS

The court found that although the debtor's documented monthly liabilities exceed net income, the existence of additional allowances (Covid and overtime) and the use of credit cards render the debtor capable of meeting a modest instalment; the court refused to compel the debtor to obtain further personal loans because imposing such a requirement would unduly increase the debtor's financial burden; therefore a minimum monthly instalment of RM230, payable on or before 31 May 2022 and thereafter at month end until full settlement, is just and proportionate to enable recovery while protecting the debtor's subsistence.

Citation
JA-76J-139-05/2021 (Mahkamah Majistret)
Parties
Pemiutang Penghakiman: Salvatore a/l Munusamy; Penghutang Penghakiman: Mohd Nuraizad bin Ahmad Lias
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 May 2022
Case Number
JA-76J-139-05/2021 (Mahkamah Majistret)
Procedural Posture
Writ Saman Judgment Debtor Proceedings (debtors Act) / Execution (ja 76 J) / Post Hearing Judgment / Reasons on Examination of Judgment Debtor (keupayaan)
Outcome
Order made that judgment debtor pay RM230 per month to judgment creditor, first payment on or before 31 May 2022 and subsequent payments on or before the end of each month until full settlement; creditor's suggestion to require a personal loan was rejected.
Legal Topics
Judgment Debtor Examination, Instalment Orders, Capacity to Pay, Orders Under S.4(6) Debtors Act, Rules of Court Application (o.48, O.74)
Source Language
Malay/English
Debtors Act 1957 Civil Procedure Execution of Judgment Judgment Debtor Examination Instalment Orders Capacity to Pay Orders Under S.4(6) Debtors Act Rules of Court Application (o.48, O.74)

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Parties

Salvatore a/l Munusamy

Pemiutang Penghakiman

Mohd Nuraizad bin Ahmad Lias

Penghutang Penghakiman

Procedural Posture

Writ Saman Judgment Debtor Proceedings (debtors Act) / Execution (ja 76 J) / Post Hearing Judgment / Reasons on Examination of Judgment Debtor (keupayaan)

Legal Issues

  1. 1 Whether the judgment debtor has means and ability to satisfy the judgment debt
  2. 2 Whether the court may or should order the judgment debtor to obtain a personal loan to pay the judgment debt
  3. 3 What is a just and sustainable monthly instalment given debtor's income, allowances, liabilities and family obligations

Ratio Decidendi

The court found that although the debtor's documented monthly liabilities exceed net income, the existence of additional allowances (Covid and overtime) and the use of credit cards render the debtor capable of meeting a modest instalment; the court refused to compel the debtor to obtain further personal loans because imposing such a requirement would unduly increase the debtor's financial burden; therefore a minimum monthly instalment of RM230, payable on or before 31 May 2022 and thereafter at month end until full settlement, is just and proportionate to enable recovery while protecting the debtor's subsistence.

Court Disposition

Order made that judgment debtor pay RM230 per month to judgment creditor, first payment on or before 31 May 2022 and subsequent payments on or before the end of each month until full settlement; creditor's suggestion to require a personal loan was rejected.

Orders

  • Judgment debtor to pay RM230.00 per month to judgment creditor
  • First payment to be made on or before 31 May 2022