MOHD ARIF BIN MUDA (Beramal sebagai Perunding Arif QS) v Kerajaan Malaysia
Catchwords
Civil Procedure — Enforcement of judgment against Government — Certificate under Section 33 of the Government Proceedings Act 1956 — Prerequisites for issuance — Judgment obtained against Government — Application filed after twenty-one days from date of judgment — Whether court has discretion to refuse certificate — Whether pendency of appeal or stay application before Court of Appeal constitutes valid ground to refuse certificate or suspend payment Government Proceedings — Section 33 of the Government Proceedings Act 1956 — Issuance of certificate — Discretion of court — Proviso to Section 33(3) — Suspension of payment pending appeal — Whether formal application required — Whether mere existence of appeal sufficient to suspend payment Courts of Judicature — Section 73 of the Courts of Judicature Act 1964 — Appeal not to operate as stay of execution unless ordered — No stay order obtained — Effect on application for Section 33 certificate Civil Procedure — Judgment creditor — Sole remedy against Government — Section 33(4) of the Government Proceedings Act 1956 — Prohibition against execution or attachment — Whether refusal of certificate would render judgment nugatory
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-21ncvc-2-02-2020)