LAI KOK MING v 1. ) MOK SHIAU PING 2. ) PUBLIC BANK BERHAD

w-04imncvc-64-02-2025 Court of Appeal (Mahkamah Rayuan) 9 April 2026 • W-04(IM)(NCvC)-64-02/2025 • 13 min read

5 cases cited (0 SG, 5 foreign)

Catchwords

Whether leave from the Court is required before a judgment creditor commences a garnishee proceeding to enforce a monetary judgment that was granted more than 6 years ago – whether garnishee proceedings under Order 49 of the Rules of Court 2012 (“ROC 2012”) are subject to the leave requirement applicable to writs of execution under Order 46 where six years or more have lapsed since the date of the judgment or order. – Garnishee proceedings operate as a process of attachment of debts and not seizure of property. - The word “includes” in the definition necessarily means that the “writ of executions” is not confined only to “a writ of seizure and sale, a writ of possession, and a writ of delivery”. - Section 6(3) of the Limitation Act 1953.

Judges (3)

Ahmad Fairuz bin Zainol Abidin Coram Ahmad Kamal bin Md. Shahid Coram Ong Chee Kwan Delivered

Counsel (6)

Cheang & Ariff Firm Jun Chambers Firm Kee Sern, Siu & Huey Firm Eolanda Yeo Jin Huay Counsel Respondent Eunice Aw Shze Xian Counsel Third Party Lai Zhe Jun Counsel Appellant

Parties (3)

PUBLIC BANK BERHAD Respondent Lai Kok Ming Appellant Mok Shiau Ping Respondent

Statutes Cited

Limitation Act 1953 (Cap 254)

Rules of Court 2012

Cases Cited (5)

UK (1)

[1999] 1 AC 329

MY (4)

[1995] 1 MLJ 1 [2015] 4 CLJ 561 [2016] 4 MLJ 314 [2025] 9 MLJ 690

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-04imncvc-64-02-2025)