1. Low Yok En 2. Low Ah Moi 3. Low Mee yen Puan Sri Chan Pui Leorn

1. Low Yok En 2. Low Ah Moi 3. Low Mee yen Puan Sri Chan Pui Leorn

Because the consent judgment and subsequent settlement were entered into by the judgment debtor in her capacity as joint executrix for the benefit of the estate, liability under those instruments attaches to the estate and not to her personally; therefore the writ of seizure and sale issued against her personally was wrongly directed and the application to set it aside succeeded.

Citation
JA-22NCVC-173-10/2015 (Mahkamah Tinggi)
Parties
Plaintiff/judgment Creditor: Low Yok En; Plaintiff/judgment Creditor: Low Ah Moi; Plaintiff/judgment Creditor: Low Mee Yeen; Defendant/judgment Debtor: Puan Sri Chan Pui Leorn
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 December 2019
Case Number
JA-22NCVC-173-10/2015 (Mahkamah Tinggi)
Procedural Posture
Civil Execution of Consent Judgment / Writ of Seizure and Sale / Application to Set Aside Writ of Seizure and Sale (execution Stage)
Outcome
Application to set aside the writ of seizure and sale allowed
Legal Topics
Writ of Seizure and Sale, Consent Judgment Enforcement, Liability of Personal Representatives, De Bonis Testatoris, Set Aside Application
Source Language
Malay/English
Civil Procedure Execution Trusts and Estates Contract Law Writ of Seizure and Sale Consent Judgment Enforcement Liability of Personal Representatives De Bonis Testatoris +1 more

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Parties

Low Yok En

Plaintiff/judgment Creditor

Low Ah Moi

Plaintiff/judgment Creditor

Low Mee Yeen

Plaintiff/judgment Creditor

Puan Sri Chan Pui Leorn

Defendant/judgment Debtor

Procedural Posture

Civil Execution of Consent Judgment / Writ of Seizure and Sale / Application to Set Aside Writ of Seizure and Sale (execution Stage)

Legal Issues

  1. 1 Whether a writ of seizure and sale issued against the judgment debtor personally was valid when the consent judgment was entered by her in her capacity as joint executrix
  2. 2 Whether liability under the consent judgment attaches to the deceased's estate or to the individual who signed as executrix
  3. 3 Whether exceptions exist making an executrix personally liable despite representative capacity

Ratio Decidendi

Because the consent judgment and subsequent settlement were entered into by the judgment debtor in her capacity as joint executrix for the benefit of the estate, liability under those instruments attaches to the estate and not to her personally; therefore the writ of seizure and sale issued against her personally was wrongly directed and the application to set it aside succeeded.

Court Disposition

Application to set aside the writ of seizure and sale allowed

Orders

  • Enclosure 11 to set aside the Writ of Seizure and Sale allowed