POHMIX KUARI SDN. BHD QVC ROCK PRODUCTS SDN. BHD PIHAK YANG MENUNTUT 1. ) FB MACHINERY SDN BHD 2. ) FAN BROTHERS TRACTOR WORKS 3. ) FAN BROTHER CONSTRUCTION SDN BHD 4. ) JRNT NIAGA SDN BHD

POHMIX KUARI SDN. BHD QVC ROCK PRODUCTS SDN. BHD PIHAK YANG MENUNTUT 1. ) FB MACHINERY SDN BHD 2. ) FAN BROTHERS TRACTOR WORKS 3. ) FAN BROTHER CONSTRUCTION SDN BHD 4. ) JRNT NIAGA SDN BHD

Order 18 r 19 is not the proper mechanism to set aside a writ of seizure and sale; the writ was validly issued and executed in absence of a stay of execution, the applicant failed to prove mala fide or such irregularity that mandates setting aside the writ, statutory schemes under Order 46/47 and Order 17 provide adequate remedies for wrongful or disputed seizures, and the court will not invoke inherent jurisdiction under Order 92 r 4 where adequate remedies exist; therefore the application to set aside (Lampiran 44) is dismissed with costs.

Citation
CB-37WS-1-04/2022 (Mahkamah Tinggi)
Parties
Pemiutang Penghakiman / Plaintiff: POHMIX KUARI SDN. BHD.; Penghutang Penghakiman / Defendant: QVC ROCK PRODUCTS SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 August 2022
Case Number
CB-37WS-1-04/2022 (Mahkamah Tinggi)
Procedural Posture
Enforcement of Judgment / Application to Set Aside Writ of Seizure and Sale / Interlocutory Application Heard and Decided at High Court (temerloh)
Outcome
Application (Lampiran 44) dismissed
Legal Topics
Writ of Seizure and Sale, Order 18 R 19 Civil Procedure Rules (pleadings), Order 46/47 (execution Procedure), Order 17 Interpleader, Inherent Jurisdiction (order 92 R 4), Remedies for Wrongful Seizure, Mala Fides Allegation
Source Language
Malay/English
Civil Procedure Execution of Judgment Property Law Judicial Review/interlocutory Remedies Interpleader Writ of Seizure and Sale Order 18 R 19 Civil Procedure Rules (pleadings) Order 46/47 (execution Procedure) +4 more

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Parties

POHMIX KUARI SDN. BHD.

Pemiutang Penghakiman / Plaintiff

QVC ROCK PRODUCTS SDN. BHD.

Penghutang Penghakiman / Defendant

Procedural Posture

Enforcement of Judgment / Application to Set Aside Writ of Seizure and Sale / Interlocutory Application Heard and Decided at High Court (temerloh)

Legal Issues

  1. 1 Whether Order 18 r 19 is an appropriate basis to set aside a writ of seizure and sale
  2. 2 Whether the writ of seizure and sale executed on 25.05.2022 was irregular or wrongful such that it should be set aside
  3. 3 Whether the court should invoke inherent jurisdiction under Order 92 r 4 to prevent alleged abuse of process where statutory remedies exist

Ratio Decidendi

Order 18 r 19 is not the proper mechanism to set aside a writ of seizure and sale; the writ was validly issued and executed in absence of a stay of execution, the applicant failed to prove mala fide or such irregularity that mandates setting aside the writ, statutory schemes under Order 46/47 and Order 17 provide adequate remedies for wrongful or disputed seizures, and the court will not invoke inherent jurisdiction under Order 92 r 4 where adequate remedies exist; therefore the application to set aside (Lampiran 44) is dismissed with costs.

Court Disposition

Application (Lampiran 44) dismissed

Orders

  • Lampiran 44 dismissed
  • Costs of RM2,500.00 awarded to respondent, subject to allocator