FEDERAL COURT PUTRAJAYA
MALAYSIAN INTERNATIONAL TRADING CORPORATION SDN BHD – Appellant
Versus
RHB BANK BERHAD – Respondent
The part that indicates that a garnishee cannot garnish a housing development account is found in the discussion about the nature of the account and the applicable legal principles. Specifically, it states that the retention sum in a construction contract, which is similar in nature to certain security accounts, could not be garnished because it was subject to a "clean bill of health" regarding defects in the construction. This analogy implies that certain types of accounts, such as housing development or retention accounts, may be protected from garnishment under specific circumstances.
While the exact phrase is not explicitly quoted in the provided summary, the reasoning suggests that accounts designated as security or retention accounts related to housing or construction are not subject to garnishment because they are considered protected or not yet due for payment until certain conditions are met.
In summary, the part of the document discussing the non-garnishability of certain accounts states that the retention sum in a construction contract could not be garnished due to its protected status, which can be analogized to housing development accounts in similar contexts.
| Table of Content |
|---|
| 1. establishing the garnishment proceedings initiated by the creditor. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. details of the court's acknowledgment of earlier proceedings. (Para 8 , 9 , 10 , 11) |
| 3. court observes responsivity of parties to garnishment orders. (Para 20 , 21 , 72 , 73) |
| 4. understanding the garnishee's rights and obligations. (Para 29 , 30 , 31 , 32 , 33) |
| 5. conclusion regarding the outcome of the appeal. (Para 83 , 86) |
Suriyadi Halim Omar FCJ:
[1] The RHB Bank Berhad ('respondent') had granted housing loan and overdraft banking facilities ('the facilities') to one Mohamad Najib bin Mohamad Amin ('the JD'), and, as part of the securities, monies in six fixed deposit accounts ('the FD Accounts') were pledged with the respondent in a form of a letter of set-off dated 14 June 1999 ('the letter of set-off').
[2] In 2000 the Malaysian International Trading Corporation Sdn Bhd ('the appellant') sued the JD in the Singapore High Court in relation to a massive fraud committed by the JD against the appellant. After a full trial the appellant on 30 August 2002 obtained judgment in the sum of US$79 million (about RM350 million then) against the JD. The Singapore Hi
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