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Civil Tutorial Topic 10 & 11

This document discusses two topics: [1] methods for enforcing a judgment order when the defendant fails to pay, including writ of seizure and sale or garnishee proceedings; and [2] explanations of judgment interest and slip rule orders. Specifically, it notes that garnishee proceedings allow recovering money owed to the defendant from a third party, and that judgment debts accrue 5% annual interest until satisfied. It also defines a slip rule order as correcting clerical mistakes or accidental omissions in a judgment through a notice of application without appeal.

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Ammar Mustaqim
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57 views2 pages

Civil Tutorial Topic 10 & 11

This document discusses two topics: [1] methods for enforcing a judgment order when the defendant fails to pay, including writ of seizure and sale or garnishee proceedings; and [2] explanations of judgment interest and slip rule orders. Specifically, it notes that garnishee proceedings allow recovering money owed to the defendant from a third party, and that judgment debts accrue 5% annual interest until satisfied. It also defines a slip rule order as correcting clerical mistakes or accidental omissions in a judgment through a notice of application without appeal.

Uploaded by

Ammar Mustaqim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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UCV4622_CPII Tri 2_2020/2021

Question 1

Quoted from BCV 4624 (Civil Procedure 11) for Final Examination 2013/2014.

In this circumstances, the plaintiff obtained a judgment in default means that the
defendant failed to attend to court to reply for the statement of claim, thus it will be highly
possibility that the defendant known as judgment debtor will refuse or fails to pay the judgment
sum. Under Section 6(3) Limitation Act 1953 provides that a judgment cannot be enforced after
12 years from the date of judgment becomes enforceable.

For O.45 r.1 ROC 2012, the judgment for the payment of money may enforce through a
writ of seizure and sale, garnishee proceedings. O. 49 provides that recovery by a creditor of
money “due or accruing due” to a judgment debtor in the hands of a third party. In Cheong
Heng Loong Goldsmiths (KL) Sdn Bhd v Chan Kim Swi (Capital Insurance Bhd, Garnishee)
[1997] 5 MLJ 191, the court held that the applicant can successfully establish that there is debt
due from the garnishee to the judgment debtor, then only can the judgment debtor obtained the
money from the garnishee to recover the judgment debt. The plaintiff may apply to court to
obtained the judgment sum through garnishee order from third party who have been owed money
to the defendant

NFA/AWAM Page 1
UCV4622_CPII Tri 2_2020/2021

Question 2

Briefly explain the following:-

a) Judgment Interest;

Order 42 r.12 of the ROC states that every judgment debt shall carry an interest as prescribed
by the Chief Justice. According to Practice Direction No.1 of 2012 issued by the Chief Justice,
the prescribed interest rate shall be 5% per annum.

Every judgment debt carries interest. This includes unpaid costs awarded to a party. Interest is
presently awarded at 5%, to be calculated from the date of judgment until the judgment is
satisfied.

b) Slip rule order.

Slip rule order is basically amendments in judgment due to clerical mistake in judgment or
orders from any arising errors from any accidental slip or omission, may be corrected by the
Court by a notice of application without an appeal.

In the case of Sang Lee Company Sdn Bhd v Munusamy Karuppiah, it is mentioned that
Order 20 r. 11 of the ROC states that clerical mistakes in judgments or orders, or errors arising
therein from any accidental slip or omission, may at any time be corrected by the Court by
summons without an appeal. This rule is now known as the "slip rule". However, its applicability
is rather limited.

It is confined to cases where there has been clerical mistake or error arising from an
accidental slips or omissions committed by the officers of the court as well as by the parties
themselves, or in a situation where there is a mistake as to the date like what had happened.

However, a caveat must be inserted. It is this that the power to amend or vary an order must
be exercised with the utmost care. It must be done judicially and not capriciously and it must be
exercised in exceptional cases particularly where the justice of the case demands it. The error
must be confined to an error in expressing what the court intended at the time when the order
was made.

NFA/AWAM Page 2

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