2 Mar 2021
KOPERASI SERBAGUNA IMAN MALAYSIA BERHAD 1. ) BANK KERJASAMA RAKYAT (M) BERHAD 2. ) MAYBANK ISLAMIC BERHAD 3. ) AMBANK ISLAMIC BERHAD
- Citation
- WA-37G-12-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-37G-12-02/2020 (Mahkamah Tinggi)
The appeals were allowed and the order nisi was made absolute against the 1st and 5th garnishees because the Judgment Debtor failed to prove that the disputed bank sums were held on trust or equitably assigned to third parties or otherwise outside the Judgment Debtor's free control; the wage subsidy was a general financial assistance/reimbursement without demonstrated trust obligations and the alleged member settlements into the Ambank account were unsupported by evidence, therefore the monies belonged to the Judgment Debtor and were garnishable.