Peh Swee Chin J:

This matter raises a point of considerable controversy, all involved in a number of cases pending that such controversy should at least be laid to rest at least at the level of this Court.

The controversy concerns retention money held frequently by an employer of a contractor, or a person in the shoes of such an employer of such a contractor in connection with the usual building contracts which provide in each case, for a small percentage of value for work done by the contractors to be deducted and retained by the employer in order to have recourse to it later usually for making good any defect in such work.

The controversy turns on the question as to whether such retention sum in the hands of the employer is attachable at the instance of a judgment-creditor of the contractor (the judgment-debtor), by way of garnishee proceedings.

The facts are that the plaintiff (hereafter called judgment-creditor) has obtained judgment for sum of RM83,786.20 against the defendant (hereafter called judgment-debtor) for work done. The judgment-debtor was at all material times a contractor of the garnishee by virtue of a building contract in respect of 30 units of 2-storey terra