Garnishee proceedings
3 cases · November 2024 to November 2025
Case Volume by Year
1 24
2 25
2024–2025
Key Issues & Sub-Topics
Consent judgment — Enforcement of monetary judgment — Stakeholder funds — Solicitor-client relationship — Third-party debt attachment — Order 49 ROC 2012 — Jurisdictional threshold — Debt due or accruing due — Temporal requirement — Liquidated and certain debt — Fiduciary duty extinguished — Disbursement pursuant to instructions — Statutory declaration — Burden of proof — Evidential threshold — Appellant’s failure to establish actionable debt — Collateral dispute — Improper forum — Appellate review — Findings of fact — Perverse or plainly wrong test — No mala fides 1 Order 49 rule 1 of the Rules of Court — Garnishability of Joint Accounts — Whether sums held in a joint account (e.g., between the judgment debtor and his wife) can be garnished to satisfy the sole debt of only one account holder? — The General Rule — Funds in a joint account generally cannot be garnished unless the debt is jointly owed by all account holders Requirements for the "Exception" Rule — What specific conditions must a Judgment Creditor satisfy to displace the general rule and successfully garnish a joint account? Joint Bank Account — Legal status of funds held by a judgment debtor and a non-judgment debtor third party. Judgment Creditor & Judgment Debtor — The parties involved in the execution of a judgment. Strong Prima Facie Case — The evidentiary threshold required to displace the general rule against garnishing joint accounts. Substituted Service — Legal mechanism for serving notice when a party's address is unknown Leave for Contempt — Application to initiate proceedings against a party (the bank) for alleged interference with justice Undertaking as to Damages — A promise to compensate for losses if a court order is later found to be wrongful Contempt of Court — Whether the Garnishee bank committed contempt by resisting the application based on its obligations to its clients and applicable statutes. 1 Whether leave of court required to commence garnishee proceedings more than 6 years after date of judgment — Whether Order 46 rule 2(1)(a) Rules of Court 2012 applicable — Application for leave under O. 46 r. 2 must be supported by affidavit stating reasons for the delay in enforcing the judgment or order — Whether Orders 45 to 51 to be read together for enforcement of judgments and orders — Plaintiff applied for garnishee order 11 years after date of judgment without applying for leave of court — Supreme Court decision in TAI KWONG GOLDSMITHS & JEWELLERS (UNDER RECEIVERSHIP) v YAP KOOI HEE & ORS [1995] 1 MLJ 1 states leave not required for garnishee proceedings — Whether facts of case distinguishable or Obiter Dicta — Federal Court in Dr.Shamsul Bahar Abdul Kadir v RHB Bank Berhad [2015] 4 MLJ 1 states that leave is required under O.46 rule to issue Bankruptcy Notice under Bankruptcy Rules if more than 6 years after date of judgment — Whether leave is required for all execution of judgment and order if more than 6 years have elapsed, including for garnishee proceedings under Rules of Court 2012 1
Consent judgment — Enforcement of monetary judgment — Stakeholder funds — Solicitor-client relationship — Third-party debt attachment — Order 49 ROC 2012 — Jurisdictional threshold — Debt due or accruing due — Temporal requirement — Liquidated and certain debt — Fiduciary duty extinguished — Disbursement pursuant to instructions — Statutory declaration — Burden of proof — Evidential threshold — Appellant’s failure to establish actionable debt — Collateral dispute — Improper forum — Appellate review — Findings of fact — Perverse or plainly wrong test — No mala fides 1 case
Order 49 rule 1 of the Rules of Court — Garnishability of Joint Accounts — Whether sums held in a joint account (e.g., between the judgment debtor and his wife) can be garnished to satisfy the sole debt of only one account holder? — The General Rule — Funds in a joint account generally cannot be garnished unless the debt is jointly owed by all account holders Requirements for the "Exception" Rule — What specific conditions must a Judgment Creditor satisfy to displace the general rule and successfully garnish a joint account? Joint Bank Account — Legal status of funds held by a judgment debtor and a non-judgment debtor third party. Judgment Creditor & Judgment Debtor — The parties involved in the execution of a judgment. Strong Prima Facie Case — The evidentiary threshold required to displace the general rule against garnishing joint accounts. Substituted Service — Legal mechanism for serving notice when a party's address is unknown Leave for Contempt — Application to initiate proceedings against a party (the bank) for alleged interference with justice Undertaking as to Damages — A promise to compensate for losses if a court order is later found to be wrongful Contempt of Court — Whether the Garnishee bank committed contempt by resisting the application based on its obligations to its clients and applicable statutes. 1 case
Whether leave of court required to commence garnishee proceedings more than 6 years after date of judgment — Whether Order 46 rule 2(1)(a) Rules of Court 2012 applicable — Application for leave under O. 46 r. 2 must be supported by affidavit stating reasons for the delay in enforcing the judgment or order — Whether Orders 45 to 51 to be read together for enforcement of judgments and orders — Plaintiff applied for garnishee order 11 years after date of judgment without applying for leave of court — Supreme Court decision in TAI KWONG GOLDSMITHS & JEWELLERS (UNDER RECEIVERSHIP) v YAP KOOI HEE & ORS [1995] 1 MLJ 1 states leave not required for garnishee proceedings — Whether facts of case distinguishable or Obiter Dicta — Federal Court in Dr.Shamsul Bahar Abdul Kadir v RHB Bank Berhad [2015] 4 MLJ 1 states that leave is required under O.46 rule to issue Bankruptcy Notice under Bankruptcy Rules if more than 6 years after date of judgment — Whether leave is required for all execution of judgment and order if more than 6 years have elapsed, including for garnishee proceedings under Rules of Court 2012 1 case
Key Statutes
Rules of Court 2012
cited in 1 case Bankruptcy Act 1967 (Cap 360)
cited in 1 case Court Distribution
Key People & Firms
Top Firms
Top Lawyers
Cases
wa-12ancvc-142-07-2024
CKPY VENTURE SDN. BHD. v 1. ) ECO AGRO PENTAGON SDN. BHD. (DAHULUNYA DIKENALI SEBAGAI ECO PENTAGON SDN. BHD.) 2. ) TETUAN FOO HIAP SIONG & CO
19 November 2025
MYHC
wa-37g-99-04-2025
SENG SAN BING v PETER CHARLES SMERLING PIHAK YANG DIGARNIS STANDARD CHARTERED BANK MALAYSIA BERHAD
16 October 2025
MYHC
wa-12ancvc-129-07-2024
MOK SHIAU PING v 1. ) LAI KOK MING 2. ) PUBLIC BANK BERHAD
4 November 2024
MYHC