KANYAWEE ANEKTHANABOON LEONG WEI PIN PIHAK YANG DIGARNIS 1. ) CIMB Bank Berhad 2. ) Public Bank Berhad 3. ) Malayan Banking Berhad 4. ) Hong Leong Bank Berhad 5. ) United Overseas Bank (Malaysia) Berhad 6. ) RHB Bank Berhad

KANYAWEE ANEKTHANABOON LEONG WEI PIN PIHAK YANG DIGARNIS 1. ) CIMB Bank Berhad 2. ) Public Bank Berhad 3. ) Malayan Banking Berhad 4. ) Hong Leong Bank Berhad 5. ) United Overseas Bank (Malaysia) Berhad 6. ) RHB Bank Berhad

The High Court held the correct test was the special circumstances test; given the pending variation application in the Family Court which could alter future payment mechanisms and create conflicting outcomes, the SAR did not err in exercising discretion to grant a temporary stay to preserve the status quo pending disposal of the variation application; appeal dismissed with costs.

Citation
BA-37G-9-01/2025 (Mahkamah Tinggi)
Parties
Appellant / Creditor: KANYAWEE ANEKTHANABOON; Respondent / Debtor: LEONG WEI PIN; Garnishee: CIMB BANK BERHAD; Garnishee: PUBLIC BANK BERHAD; Garnishee: MALAYAN BANKING BERHAD; Garnishee: HONG LEONG BANK BERHAD; Garnishee: UNITED OVERSEAS BANK (MALAYSIA) BERHAD; Garnishee: RHB BANK BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 December 2025
Case Number
BA-37G-9-01/2025 (Mahkamah Tinggi)
Procedural Posture
Appeal Against Senior Assistant Registrar's Stay Order in Garnishee Proceedings / Judgment on Appeal (high Court)
Outcome
Appeal dismissed; decision of the Senior Assistant Registrar dated 25.09.2025 upheld.
Legal Topics
Stay of Execution, Interim Maintenance, Variation of Maintenance Order, Special Circumstances Test, Risk of Conflicting Orders
Source Language
Malay/English
Family Law Civil Procedure Maintenance Law Enforcement/garnishee Proceedings Stay of Execution Interim Maintenance Variation of Maintenance Order Special Circumstances Test +1 more

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Parties

KANYAWEE ANEKTHANABOON

Appellant / Creditor

LEONG WEI PIN

Respondent / Debtor

CIMB BANK BERHAD

Garnishee

PUBLIC BANK BERHAD

Garnishee

MALAYAN BANKING BERHAD

Garnishee

HONG LEONG BANK BERHAD

Garnishee

UNITED OVERSEAS BANK (MALAYSIA) BERHAD

Garnishee

RHB BANK BERHAD

Garnishee

Procedural Posture

Appeal Against Senior Assistant Registrar's Stay Order in Garnishee Proceedings / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether the SAR properly exercised discretion in granting a stay of garnishee proceedings based on special circumstances and risk of conflicting orders
  2. 2 Which legal test applies: special circumstances or rare and compelling circumstances
  3. 3 Whether a stay would prejudice the child's welfare or render enforcement nugatory

Ratio Decidendi

The High Court held the correct test was the special circumstances test; given the pending variation application in the Family Court which could alter future payment mechanisms and create conflicting outcomes, the SAR did not err in exercising discretion to grant a temporary stay to preserve the status quo pending disposal of the variation application; appeal dismissed with costs.

Court Disposition

Appeal dismissed; decision of the Senior Assistant Registrar dated 25.09.2025 upheld.

Orders

  • Appeal dismissed with costs
  • Stay of garnishee proceedings maintained until the Family Court disposes of the variation application dated 11.10.2024