1. ) THAM CHEK CHUNG 2. ) CHAI SET CHING

aa-33jp-358-08-2017 High Court (Mahkamah Tinggi) 16 November 2025 • AA-33JP-358-08/2017

Catchwords

FAMILY LAW: Execution – Garnishee proceedings – Garnishee Order Nisi – Garnishee Order Absolute – Scope and purpose of Order 49 Rules of Court 2012 – Whether court confined to enforcement and not re-litigation of matrimonial issues – Whether garnishee indebtedness established on affidavit evidence – Absence of bona fide dispute – Whether garnishee order absolute properly granted. Civil Procedure – Case management – Non-compliance with directions – Failure to file affidavit and submissions – No application for extension of time – No explanation to court – Court’s power to proceed – Order 34 rule 2(3) Rules of Court 2012 – Whether determination on available materials permissible – Whether denial of right to be heard. Family Law – Enforcement of financial orders – Execution proceedings arising from matrimonial order – Garnishee proceedings as lawful mode of enforcement – Court’s role limited to execution – Distinction between enforcement and substantive matrimonial dispute.

Practice Areas

Family Law Civil Procedure

Judges (1)

Abdul Wahab bin Mohamed Delivered

Parties (2)

Chai Set Ching Petitioner Tham Chek Chung Petitioner

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-33jp-358-08-2017)