27 Mar 2025
1. ) KCSB Konsortium Sdn. Bhd. 2. ) Tekad Urus Sdn. Bhd. The Store (M) Sdn. Bhd. PIHAK YANG DIGARNIS 1. ) Malayan Banking Berhad 2. ) Maybank Islamic Berhad
- Citation
- JA-37G-58-12/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-37G-58-12/2023 (Mahkamah Tinggi)
The appeal was dismissed. The court held there is no statutory or common law requirement to serve the ex parte application papers (Form 98 and supporting affidavit) on the judgment debtor beyond service of the order nisi; garnishee proceedings focus on the garnishee and the burden to show cause lies with the garnishee. The non-disclosure of the JD's application to set aside the writ of possession was not material to the garnishee proceedings and did not vitiate the ex parte order. The Deputy Registrar did not misapply his discretion.