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2025 MarsdenLR 4744

HIGH COURT MALAYA SHAH ALAM
SENG SAN BING – Appellant
Versus
PETER CHARLES SMERLING; AFFIN BANK BERHAD & ORS (GARNISHEE) (ENCL 77) – Respondent


Petitioner Advocates:Ooi Suan Kim,Boo Honn Chin ,Respondent Advocate: Lau Kee Sern,Lim Pey Tsyr,Luqmanul Hakkim Roslan

JUDGMENT

Choong Yeow Choy JC:

Introduction

[1] The applicant is a judgment creditor, having secured a judgment against the respondent in 2023, thereby rendering the defendant a judgment debtor. To enforce the said judgment, the judgment creditor initiated garnishee proceedings against the judgment debtor's accounts in 18 banks, pursuant to O 49 of the Rules of 2012. However, these efforts proved futile when the High Court at Shah Alam, in Suit BA-37G-104-07/2024 ("Suit 104"), declined to grant the garnishee order absolute sought by the plaintiff.

[2] The present dispute specifically concerns the judgment creditor and the 6th garnishee. Having successfully resisted the judgment creditor's application for a garnishee order absolute before the Shah Alam High Court in Suit 104, the 6th garnishee now faces a fresh challenge - an application before this Court by the judgment creditor in Encl 77, seeking a stay of the decision in Suit 104, pending appeal to the Court of Appeal.

The Issues

[3] At the heart of the matter lies the question of whether this Court has the power to stay the Shah Alam High Court 's refusal in Suit 104 to grant the garnishee order absolute. Put differently,


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