27 Aug 2020
Paari Perumal & K. Kulasekar for the Judgment Debtor/Appellant [Messrs K. Kulasekar & Associate] Reeve Lim Chun Loong for the Judgment Creditor /Respondent [Messrs Lim, Wong & Co]
- Citation
- KEBANKRAPAN NO.: WA -29NCC-2873-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KEBANKRAPAN NO.: WA -29NCC-2873-09/2019 (Mahkamah Tinggi)
The appeal is dismissed because the affidavit under Rule 93 did not plead any counterclaim/set-off as required and is to be treated as if no affidavit was filed; the High Court judgment is final under the Bozson test and enforceable; the audit report and costs were reasonably incurred and recoverable under para 1(c) of the judgment; the Judgment Creditor is entitled to claim RM451,000 for the generators under para 1(g); and there was no evidential set-off for the RM70,000 costs and RM2,800 allocatur fee.