2014 MarsdenLR 353

HIGH COURT MALAYA KUALA LUMPUR
BAUER M SDN BHD – Appellant
Versus
EMBASSY COURT SDN BHD ENCL 20 – Respondent
[Originating Summons No: 24NCC(ARB)-4-02 Of 2012]

The Court can order a judgment debtor to pay the judgment debt in accordance with the Debtors Act following an examination of the debtor's financial ability, including relevant receipts.

Headnote:(A) Debtors Act 1957 - Section 4(1) and (6) - Rules of Court 2012 - Order for payment of judgment debt - An appeal against a Senior Assistant Registrar's order requiring payment of RM8,389,068.12 was dismissed. The court determined that the SAR was empowered to order payment under the Debtors Act after an examination of the debtor's financial position. The sum included trade and other receivables, which had been admitted in previous examinations. The Defendant's contentions regarding outdated financial statements and the inclusion of receivables lacked merit as they failed to provide contrary evidence. It was affirmed that the learned SAR's order was correct, and the appeal was dismissed with costs. (Paras [1], [3], [5], [9])