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2023 MarsdenLR 1825

COURT OF APPEAL PUTRAJAYA
AFFIN BANK BERHAD – Appellant
Versus
ENERGYPEAK FZE – Respondent


Petitioner Advocates:Chan Kok Keong,Deborah Lui Shien Mae ,Respondent Advocate: Lo Chi Wui @ Irwin Lo,Diana Razak

Lee Swee Seng JCA:

[1] It has always been understood that when a Garnishee Order to Show Cause ("GOTSC") is issued and served on a Garnishee at the instance of a Judgment Creditor ("JC"), the sum outstanding from the Garnishee to the Judgment Debtor ("JD") is frozen, such that once the GOTSC is made absolute, the amount garnished and now made absolute, shall be paid out to the JC.

[2] However, in this case the JC argued that the amount owing from the Garnishee to the JD need not be limited to the amount outstanding as at the date of the service of the GOTSC on the Garnishee, but that it also would include all sums subsequently owing by the Garnishee to the JD.

[3] More importantly, in the case of a current account opened by the JD with the Garnishee Bank, all amounts paid into the JD's account with the Bank from the date of the service of the GOTSC on the Garnishee up to the date the Garnishee Order Absolute ("GOA") would be frozen and attached for the benefit of the JC.

[4] Apparently, the basis for the argument of the JC, which found favour with the High Court, is that there is a significant difference between the relevant preposition used in our Rules of Court 2012 ("ROC") as compar

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