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2020 MarsdenLR 1384

COURT OF APPEAL PUTRAJAYA
ANG TECK WANG – Appellant
Versus
BIG SDN BHD – Respondent


Petitioner Advocates:A Lourdes Abishegam,Kavetha Murugaya ,Respondent Advocate: Michelle Lim Li Ann,Liew Ket Lip

JUDGMENT

Mary Lim Thiam Suan JCA:

[1] These are the broad grounds of decision of the Court.

[2] This appeal arises from orders made following a Judgment"Debtor Summons [JDS] application to examine the appellant judgment debtor.

[3] Upon hearing evidence in the examination, the learned"Sessions Court judge exercised her discretion under s 4(6)(b) of the" Debtors Act 1957 [Act 256] and ordered the appellant to pay the judgment sum by"instalments of RM2,500.00 per month for a period of 19 years.

[4] The respondent before us who is the judgment creditor was"dissatisfied and appealed because the effect of the Sessions Court's order would"mean that the judgment debt of RM526,445.21 including interest and costs"[RM576,870.63] would take almost 19 years to be repaid when that sum was paid"over in a lump sum by the respondent.

[5] The High Court allowed the appeal and made 6 orders:

1. appeal allowed with costs;

2. Appellant be re-examined again under s 4 of the" Debtors Act 1957 ;

3. order of discovery of certain documents, etc;

4. order of discovery to be made by or before 17 September 2019;

5. Sessions Court order dated 14 March 2019 affirmed and"maintained until the disposal of the re-examination


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