PEMIUTANG PENGHAKIMAN LIM CHEE AIK VINCENT (LIN ZHIYI VINCENT) PENGHUTANG PENGHAKIMAN PERBADANAN SETIAUSAHA KERAJAAN JOHOR (SSI)

PEMIUTANG PENGHAKIMAN LIM CHEE AIK VINCENT (LIN ZHIYI VINCENT) PENGHUTANG PENGHAKIMAN PERBADANAN SETIAUSAHA KERAJAAN JOHOR (SSI)

Court accepted that service on the named officer was proper, found on the totality of evidence (including admissions by SSI representatives and company search P1) that SSI had the capacity to pay the undisputed judgment debt, and exercised its discretion under s.4 Debtors Act to order immediate payment in lump sum within three months and to permit committal of the named officer on non‑compliance.

Citation
JA-56J-15-04/2022 (Mahkamah Sesyen)
Parties
Judgment Creditor: LIM CHEE AIK VINCENT (LIN ZHIYI VINCENT); Judgment Debtor: PERBADANAN SETIAUSAHA KERAJAAN JOHOR (SSI)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 September 2022
Case Number
JA-56J-15-04/2022 (Mahkamah Sesyen)
Procedural Posture
Judgment Debtor Summons (debtors Act 1957) / Enforcement/committal Order After Debtor Examination
Outcome
Application granted: judgment debtor ordered to pay judgment debt in full within three months; committal of named officer if default.
Legal Topics
Judgment Debtor Summons, Committal to Prison, Service of Process, Disclosure of Assets, Official Secrets/confidentiality
Source Language
Malay/English
Debt Enforcement Civil Procedure Public Law Judgment Debtor Summons Committal to Prison Service of Process Disclosure of Assets Official Secrets/confidentiality

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Parties

LIM CHEE AIK VINCENT (LIN ZHIYI VINCENT)

Judgment Creditor

PERBADANAN SETIAUSAHA KERAJAAN JOHOR (SSI)

Judgment Debtor

Procedural Posture

Judgment Debtor Summons (debtors Act 1957) / Enforcement/committal Order After Debtor Examination

Legal Issues

  1. 1 Validity of service on corporate officer/representative
  2. 2 Whether court may permit representative evidence despite official secrets restrictions
  3. 3 Whether SSI has the capacity to satisfy the judgment debt

Ratio Decidendi

Court accepted that service on the named officer was proper, found on the totality of evidence (including admissions by SSI representatives and company search P1) that SSI had the capacity to pay the undisputed judgment debt, and exercised its discretion under s.4 Debtors Act to order immediate payment in lump sum within three months and to permit committal of the named officer on non‑compliance.

Court Disposition

Application granted: judgment debtor ordered to pay judgment debt in full within three months; committal of named officer if default.

Orders

  • Judgment debtor (PERBADANAN SETIAUSAHA KERAJAAN JOHOR (SSI)) to pay judgment sum of RM552,466.36 (as at 31/3/2022) in one lump sum within three months from date of order.
  • Payment to include costs as ordered in the proceedings (including prior cost orders of RM500.00 dated 20/3/2021 and RM500.00 dated 18/11/2021).