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2017 MarsdenLR 3224
HIGH COURT MALAYA KUALA LUMPUR
MAYBANK ISLAMIC BERHAD – Appellant
Versus
IBSUL HOLDINGS SDN BHD; WWE HOLDINGS BHD (GARNISHEE) – Respondent
[Suit No: AE NO: 37G-41-10/2015 & 22A-1133-11/2011]
A garnishee order requires proof of an existing legal debt; without resolution in pending arbitration, no such debt can be affirmed.
Headnote:The Court analyzed the requirement for a garnishee order whereby it must be established that a legal debt is due. The dispute between the garnishee and judgment debtor had not been resolved and the alleged debt of RM12,117,646.88 as cited in the letter dated 25 October 2007 was not legally binding, thus the garnishee order was set aside. The primary issues revolved around the existence of a legal obligation regarding the payment, with the court determining that no debt had accrued pending arbitration proceedings, leading to the appeal's acceptance and the garnishee order's cancellation.
| Table of Content |
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| 1. determination of garnishee appeal outcome. (Para 1) |
[1] Enclosure (14) is the appeal of WWE Holdings Sdn Bhd ('Garnishee') against the decision of the learned Senior Assistant Registrar ('SAR') who has granted the garnishee order absolute dated 11 January 2016 ('Order dated 11 January 2016). By the said Order dated 11 January 2016, a sum of RM12,117,646.88 was garnished in favour of the Plaintiff/Judgment Creditor, Maybank ('JC').
