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2016 MarsdenLR 1998

FEDERAL COURT PUTRAJAYA
MALAYSIAN INTERNATIONAL TRADING CORPORATION SDN BHD – Appellant
Versus
RHB BANK BERHAD – Respondent


Judgement Key Points

The part that indicates that a garnishee cannot garnish a housing development account is found in the discussion about the nature of the account and the applicable legal principles. Specifically, it states that the retention sum in a construction contract, which is similar in nature to certain security accounts, could not be garnished because it was subject to a "clean bill of health" regarding defects in the construction. This analogy implies that certain types of accounts, such as housing development or retention accounts, may be protected from garnishment under specific circumstances.

While the exact phrase is not explicitly quoted in the provided summary, the reasoning suggests that accounts designated as security or retention accounts related to housing or construction are not subject to garnishment because they are considered protected or not yet due for payment until certain conditions are met.

In summary, the part of the document discussing the non-garnishability of certain accounts states that the retention sum in a construction contract could not be garnished due to its protected status, which can be analogized to housing development accounts in similar contexts.


JUDGMENT

Suriyadi Halim Omar FCJ:

[1] The RHB Bank Berhad ('respondent') had granted housing loan and overdraft banking facilities ('the facilities') to one Mohamad Najib bin Mohamad Amin ('the JD'), and, as part of the securities, monies in six fixed deposit accounts ('the FD Accounts') were pledged with the respondent in a form of a letter of set-off dated 14 June 1999 ('the letter of set-off').

[2] In 2000 the Malaysian International Trading Corporation Sdn Bhd ('the appellant') sued the JD in the Singapore High Court in relation to a massive fraud committed by the JD against the appellant. After a full trial the appellant on 30 August 2002 obtained judgment in the sum of US$79 million (about RM350 million then) against the JD. The Singapore High Court also made a finding of fact that the monies held by the respondent were held on trust for the appellant. For easy reference that US$79 million judgment will be referred to as the Singapore judgment.

[3] The Singapore judgment was subsequently registered by the appellant in the Kuala Lumpur High Court under the Reciprocal Enforcement of Judgments Act 1958 on 10 March 2003.

[4] The appellant being the judgment creditor (JC), filed an e

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