3 Nov 2020
Gurmit Singh for the Plaintiff [Messrs Sharif & Khoo] 1. ) P. Jeyakumar and Normadiah binti Mohammad for the 2nd and 3rd Defendants [Messrs Zahir Jeya & Zainal] 2. ) Jessica Chong Ee Min for the 1st and 4th Defendants [Messrs Lim Kian Leong
- Citation
- SUIT NO. D-22-306-2009 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- SUIT NO. D-22-306-2009 (Mahkamah Tinggi)
The consent judgment was perfected and did not contain a penal notice; the court lacks jurisdiction to vary its terms or read words into it absent mutual consent or established exceptions; Order 45 Rule 6(2) does not authorize endorsement of a penal notice into a consent judgment where none was agreed; the proper course is enforcement by other execution remedies. Accordingly the application to endorse a penal notice is dismissed with costs.