CAPITAL INSURANCE BERHAD V CHEONG HENG LOONG GOLDSMITHS (KL) SDN BHD
- Citation
- CAPITAL INSURANCE BERHAD V CHEONG HENG LOONG GOLDSMITHS (KL) SDN BHD
- Court
- Malaysian court
Although a judge may have jurisdiction to convert garnishee proceedings into a writ action, converting them sua sponte to enable a judgment creditor who is not a beneficiary to sue under the insured's policy was incorrect; the respondent lacked locus standi, the Public Trustee's approval did not authorize respondent's solicitors to sue on the policy, the adjusters' report (P9) did not prove the robbery and thus no debt was due from insurer to insured to be garnished, and the Court therefore allowed the insurer's appeal restoring the trial judge's dismissal.