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2014 MarsdenLR 1538
COURT OF APPEAL PUTRAJAYA
TIONG HOO TECK – Appellant
Versus
WONG HO ENTERPRISE SDN BHD & ORS – Respondent
[Civil Appeal No: S-02-1204-2010]
Petitioner Advocates:Ting Sing Chuan ,Respondent Advocate: Ronny Cham
A garnishee order cannot be granted unless the garnishee is clearly indebted to the judgment debtor at the time of the order, with identifiable debts distinctly outlined.
Headnote:(A) Rules of the High Court 1980 - Order 49 - Garnishee proceedings - Appeal against setting aside of garnishee order for RM2,123,056.15 - The garnishees were found not to be indebted to the judgment debtor as required by law - Insufficient evidentiary support for debts claimed from directors and sundry receivables - Garnishee order lacks precision regarding amounts due - Appeal dismissed with costs. (Paras 8, 9, 11)
(B) Garnishee Order - Essential conditions for issuance - A garnishee order can only attach debts due at the time of the order - Debts must be clearly identified and directly linked to the judgment debtor without ambiguity. (Paras 8, 9)
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| 1. background on garnishee order application (Para 1) |
[1] This is an appeal by the appellant ('the judgment creditor') against the decision of the Kota Kinabalu High Court which set aside the Garnishee Order dated 18 January 2010 ordering the 2nd and 3rd respondents (collectively called "the garnishees") to pay to the appellant a sum of RM2,123,056.15 with interest and costs to satisfy the summary judgment sum entered by him against the 1st respondent ("the judgment debtor") in Kota Kinabalu High Court CS No K22-194-2005. The said judgment sum of RM2,123,056.15 with interest and costs remained wholly unsatisfied except for a small sum of RM2,950.00.
