Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Compliance with judgment

Legal area

Court

7 Jan 2024

1. ) KCSB KONSORTIUM SDN. BHD. 2. ) TEKAD URUS SDN. BHD. XXXX

Citation

22NCVC-52-02/2013 (Mahkamah Tinggi)
Court

High Court
Case number

22NCVC-52-02/2013 (Mahkamah Tinggi)

The Building is permanently affixed to the Plot and therefore forms part of the land under s.5 NLC and binding authorities; pasting of the ex‑parte Order and Bailiff Notice on the Building in the presence of the Defendant satisfied O.45 r.3(3); the Defendant failed to establish merit to set aside the ex‑parte Order dated 28.9.2022, so the application is dismissed with costs.
9 Oct 2020

Ng Chia How for the Appellant/Judgment Creditor [Messrs Chia Koay & Teng] Ambi Balakrishnan for the Respondent/Judgment Debtor [Messrs Shukor Baljit & Partners]

Citation

BANKRUPTCY PROCEEDINGS NO. WA-29NCC-3642-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BANKRUPTCY PROCEEDINGS NO. WA-29NCC-3642-11/2019 (Mahkamah Tinggi)

The BN was defective because it sought the entire judgment costs contrary to the clear terms of the judgment which did not specify joint and several liability; the judgment debtor was only liable to one third of the costs and the bankruptcy court must not go behind the judgment, therefore the registrar's order setting aside the BN is affirmed (though interest on costs may otherwise be claimable under the Rules of Court).