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2005 MarsdenLR 3478 ; 2005 MarsdenLR 1

IAN CHIN
RITZ HOTEL CASINO LTD – Appellant
Versus
DATUK SERI OSU HAJI SUKAM – Respondent


Advocates:
Colin Lau (Colin Lau & Co) for the judgment creditors.
Sugumar Balakrishnan (Sugumar & Co) for the judgment debtor.

Ian Chin J::

Introduction

(1) 1 This is an application by two foreign judgment creditors, The Ritz Hotel Casino Ltd and RHC Ltd, to have a judgment obtained by them in the English High Court (‘the Judgment’) against the judgment debtor, Datu Sri Osu Haji Sukam, registered as a judgment of the High Court in Sabah and Sarawak pursuant to the Reciprocal Enforcement of Judgment Act 1958 (‘the Act’). The Judgment is for an equivalent RM7,142,859.98. I ordered that the application be heard inter partes because though the initial application could be dealt with ex parte because the judgment debtor would nevertheless have the right to apply to set aside the registration of the judgment under s 5 of the Act. That being the case I was of the view that I might as well at this stage deal with the argument, if any, as to whether the registration of the judgment would be liable to be set aside. Hence the application was heard inter partes. The judgment debtor contended that the Judgment for various reasons should or could not be registered which contentions I will now turn to but only with two of them and actually only one is sufficient to dispose of the matter herein. The other was also dealt

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