Lai Kok Ming v Mok Shiau Ping

Appellant(s): Lai Kok Ming

Respondent(s):

• Mok Shiau Ping
• Public Bank Berhad

• YA Dato' Ahmad Kamal Bin Md. Shahid
• YA Dato' Ahmad Fairuz bin Zainol Abidin
• YA Dato' Ong Chee Kwan

• The appellant obtained a monetary judgment against the respondent in the Sessions Court in 2012.
• No steps were taken to enforce the judgment within six years of the judgment date.
• Over 11 years after the judgment, the appellant commenced garnishee proceedings to enforce the judgment without first obtaining leave from the Court.

• Whether leave from the Court is required before a judgment creditor can commence garnishee proceedings to enforce a monetary judgment that was granted more than six years ago.
• Whether garnishee proceedings under Order 49 of the Rules of Court 2012 are subject to the leave requirement under Order 46 for execution after six years have lapsed.
• Whether the interpretation of "writ of execution" in Order 46 should be construed narrowly to exclude garnishee proceedings.

• The Court held that leave of Court is required to commence garnishee proceedings if more than six years have lapsed since the date of the judgment or order.
• The Court interpreted "writ of execution" in Order 46 broadly to include all modes of execution, including garnishee proceedings, to prevent the enforcement of stale judgments without court supervision.
• The appeal was dismissed, upholding the Judicial Commissioner's decision that the garnishee proceedings were defective for failure to obtain prior leave.