22 Oct 2024
PERBADANAN PENGURUSAN SUNSURIA AVENUE TOH BU KEON
- Citation
- WA-11ANCvC-28-05/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-11ANCvC-28-05/2024 (Mahkamah Tinggi)
The High Court upheld the Magistrate's decision to set aside the Garnishee Order Nisi as the court had jurisdiction under O.92 r.4 to set aside ex‑parte orders, the garnishee action remained live against other garnishees so the Magistrate was not functus officio, and the judgment debtor's payment of the outstanding balance before inter‑partes proceedings made garnishee proceedings against the remaining garnishees no longer maintainable; additionally, solicitor and client costs of RM4,770 were not justified as they should have been pursued at the Tribunal and no indemnity basis was shown.