JUDGMENT

Mohd. Azmi FJ:

This is an appeal against the decision of the High Court in refusing to allow a Garnishment Order nisi to be made absolute against the garnishee, the respondent herein. The Order nisi was obtained ex parte on 11 January 1983 and was discharged by the Court on 21 February 1984.

The facts leading to the garnishment proceedings are not seriously in dispute. On 20 December 1982, the garnishor (appellant/judgment creditor) obtained a judgment by default in the sum of RM18,700 against a housing developer - Syarikat Seri Belian Sdn. Bhd. (judgment debtor) vide Kuantan High Court Civil Suit No. 289/1982. The sum adjudged was in respect of progress payments made towards the purchase of a shophouse held under title H.S.(D) No. 885 in Pulau Sebang, Malacca, which the judgment debtor had agreed to refund when the garnishor gave up her rights to complete the sale and purchase agreement. This arrangement enabled the judgment debtor to resell the property at an increased price of RM35,000 to Tay Bin Lam and Chong Yin Thye (hereinafter referred to as "third parties") and thereby made an extra profit of RM15,000 on this particular property. In settling the purchase price, th