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2016 MarsdenLR 2050
HIGH COURT MALAYA ALOR SETAR
HUAT HING RUBBERWOOD SDN BHD – Appellant
Versus
KOPERASI PESERTA-PESERTA RANCANGAN FELCRA PULAU BELANTIK SIK BERHAD;.... – Respondent
[Civil Suit No: 22-116-2011]
A garnishee order absolute, properly made and perfected, cannot be altered or set aside under normal circumstances.
Headnote:In this decision, the Court examined an application to set aside a garnishee order and discussed the governing principles of law related to garnishee orders. The Court found that the delay in filing the application was unjustified and that sufficient notice had been provided to the judgment debtor. The order was deemed absolute as it had been properly made and perfected, and no jurisdiction existed for alteration or setting aside. Consequently, the application was dismissed.
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| 1. introduction and background to the garnishee proceedings. (Para 4) |
[4] On 13 June 2012, the JC obtained a monetary judgment against the JD for, inter alia, the sums of RM345,675.00, RM80,000.00 and costs of RM10,000.00. The JD was not satisfied with the judgment and filed an appeal against the decision. However, the JD subsequently withdrew the appeal.
