USUL SAUJANA SDN BHD v KELANA GALIAN SDN. BHD
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ABSTRACT This appeal concerns the propriety of a penal endorsement in a judgment debtor summons (JDS) order requiring structured monthly payments. The appellant judgment debtor sought to remove the penal endorsement from an order directing payment of RM700,000 in monthly instalments of RM100,000, arguing it constituted a mere "money judgment" not subject to committal proceedings. The High Court held that the JDS Order falls within O 45 R 5(1)(a) ROC 2012 as it requires the debtor to perform specific acts (monthly payments) within specified timeframes. Following Hong Kwi Seong v Ganad Media Sdn Bhd (2013) 2 MLJ 251 CA, the Court distinguished this structured payment order from pure money judgments, holding that penal endorsement mandatory under O 45 R 7(4) ROC 2012. The Court rejected the appellant's reliance on Hong Leong Bank Bhd v Phung Tze Thiam (2008) 1 MLRA 538 CA and confirmed that company directors may be named in penal endorsements pursuant to O 45 R 5(1)(c) ROC 2012. KEYWORDS Judgment debtor summons - penal endorsement - structured payment order; O 45 R 5 ROC 2012; O 45 R 7(4) ROC 2012; instalment payments - money judgment - directors' liability
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