Enforcement Of Judgment Malaysia

The enforcement of the judgment is not contrary to public policy in malaysia.

Enforcement of judgment malaysia. In such a situation you may apply to the court for the enforcement of a judgment against your debtor. Sabah and sarawak 1 december 1972 p u. The rights under the judgment are vested in the person seeking to enforce the judgment. Enforcement of a foreign judgment on the other hand refers to the process by which the judgment may be executed or enforced in malaysia as though it were a malaysian judgment for example by attaching the assets of a judgment debtor to satisfy a judgment debt.

A 297 1972 part i preliminary short title 1. Shares bonds dividends owned by the judgment debtor. I if you are enforcing the judgment you are referred to as the judgement creditor and the opposing party as the judgment debtor. Reciprocal enforcement of judgments 5 laws of malaysia act 99 reciprocal enforcement of judgments act 1958 an act for the reciprocal enforcement of judgments of superior courts.

Ii this is an application which can be used for discovery of information on the assets and financial means of the judgment debtor. Judgments and orders for money payments by way of damages or compensation handed down by superior courts of some foreign jurisdictions are recognized in malaysia under the reciprocal enforcement of judgments act 1958 for registration and enforcement through the malaysian courts. The procedure to enforce a foreign judgment under reja is referred to in order 67 of the rules of court 2012 roc. A judgment creditor may apply to court for a charging order to impose a charge on securities eg.

Your debtor may continue eliciting the payment of the debt. An execution of a judgment requires some thought and planning so as to limit the costs incurred and to maximise the chances of the judgment sum being recovered. Enforcement of foreign judgments reciprocal enforcement of judgments procedures o 67 r 2 rules of court 2012 application by judgment creditor has to be made by way of originating summons supported by affidavit in support annexing the judgment obtained in the superior court of a country in the first schedule to register in the high. Enforcement of a foreign court judgment can be done pursuant to the reciprocal enforcement of judgments act 1958 reja.

Grounds for refusing recognition and enforcement is there any difference between the enforcement of a foreign arbitral award and the enforcement of a foreign judgment in malaysia. As mentioned in part ii of debt recovery in malaysia the fact that you successfully obtain a judgment in favour of you does not mean that your money is recovered.