26 Jan 2023
EASTMONT SDN BHD 1. ) TAY KEONG KOK 2. ) CHONG SHEAU LING 3. ) CHUA CHOON YANG PIHAK YANG DIGARNIS 1. ) CIMB BANK BERHAD 2. ) CIMB ISLAMIC BANK BERHAD
- Citation
- BA-37G-110-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-37G-110-12/2021 (Mahkamah Tinggi)
On the available evidence (documentary exhibits and witness testimony), the RM56,370.60 paid into the judgment debtor's account was a refund of an insurance premium paid by Heritage Logistics Sdn Bhd and thus belonged to Heritage, not the judgment debtor; the judgment creditor failed to discharge the burden of proving the funds were the debtor's; the Deputy Registrar's conclusion was plainly wrong and the garnishee order requiring payment of RM56,370.60 to the judgment creditor was set aside, appeal allowed with costs.