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2012 MarsdenLR 1522

COURT OF APPEAL PUTRAJAYA
HONG KWI SEONG – Appellant
Versus
GANAD MEDIA SDN BHD – Respondent


Petitioner Advocates:Nitin Nadkarni,CS Mong ,Respondent Advocate: Sharmala Batumalai

Table of Content
1. dismissal of appeals against committal orders. (Para 1 , 2 , 3)
2. arguments regarding the legality of committal for non-payment. (Para 4 , 5)
3. analysis of the enforcement of money judgments via committal. (Para 6 , 7 , 8)

[1] These two appeals were filed by the appellant against the decision of the High Court in dismissing with costs the appellant's motions which sought to set aside two committal orders and warrants of committal. We now give our grounds for dismissing these appeals.

Factual Background

[2] The respondent, having obtained a money judgment against the appellant ("the judgment debt"), proceeded to obtain an order to examine the appellant ("the examination order"). When the appellant did not appear for examination, the respondent obtained an order for payment of the judgment debt in instalments ("the payment order"). There was no appeal by the appellant against the payment order.

[3] The appellant did not make any payment on the due dates. The respondent then obtained leave to issue committal proceedings in the High Court, followed by the committal orders for contempt of Court ("committal orders").

Ground For Committal

[4] Learned counsel Mr Nitin Nadkarni

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