How to enforce judgments under the civil proceeding in Malaysia

I did this tutorial question last year. Hopefully it might be useful for the juniors in their coming exams! Good luck!

Methods of enforcements of judgments are important in instances where there is a failure or refusal to comply with any judgments or Order of the court, and it then becomes necessary to enforce judgments or Orders by the use of one or more of the court processes. Ensuring that a party to a civil action complies with the decision of the court is not easy due to the fact that the matters are between two private individuals and there are not such persuasive sanctions available as in the criminal arena. Section 6(3) of the Limitation Act 1953 stated the limitation period for the enforcement is 12 years as illustrated in Daud v Ibrahim.
The writ of seizure and sale is provided for under Order 47 of the Rule of High Court (RHC) 1980. The writ in Form 88 commands the sheriff to seize and sell the property of the judgment debtor to such an extent as is necessary to satisfy the judgment sum. After the seizure has been made by the sheriff and during the continuation of the seizure, any alienation of the property by the judgment debtor by way of sale, gift, mortgage or otherwise shall be void against the sheriff and any person on whose behalf the property is seized. The procedure for writ of seizure and sale in relation to movables is governed by section 3 of the Debtors Act 1957, namely the writ issued is in Form 88 and it must be supported by affidavit. In Datuk Wong Yit Ming v Sabah Inn S/B, the writ of seizure and sale was issued against the goods of respondent found in petitioner premise rented to the respondent. 没钱还,不还钱,常有一群人去你家或办公室贴还钱
The second method is garnishee proceedings that are stated in order 49rule 1(1) of the RHC 1980. It clearly stated that where there are any money owed to the judgment debtor, an application may be made to the court to attach such moneys and order the holder of such moneys or the judgment debtor’s debtor, the garnishee, not to pay the moneys to the judgment debtor but to pay the same into court for the satisfaction of the judgment creditor’s claim against the judgment debtor. The essential prerequisites of garnishee proceedings are that the sum money in the hands of the holder of such moneys or the judgment’s debtor’ debtor must be certain. In Hongkong & Shanghai Banking Corp v Goh Su Liat is mainly about the judgment debtor was employed as a senior Telecoms Operator with the Telecommunication authority in Singapore that is the garnishee. In June 1985, the judgment creditor commenced an action against the judgment debtor the money and interest form the judgment debtor’s Visa Card and Master Card. Owing to the judgment in default of appearance, the judgment creditor applied garnishee order to show cause and the garnishee against judgment debtor on 27 September 1985 but the judgment debtor’s salary was not due until 31 October 1985. Thus, there was no attachable debt. The garnishee action could not be applied due to the future events that are unpredictable. In Syarikat Seng Lian Trading v Roxy (Malaysia), the R-a judgment creditor had served a notice of garnishment on the A. The A denied owing any money to the judgment debtor. The senior assistant registrar ordered that the issue of indebtedness be tried before her and eventually she forward that the A, the garnishee was indebted to the judgment debtor and order A to pay this amount to the judgment creditor. The A appealed to the FC. It was held that the garnishee disputed his liability in this case and as on the facts, he had not consented to have the matter dealt with in a summary manner. The learned senior assistant registrar had no jurisdiction to try the issue in dispute and would have referred the matter to the trail judge. Yjudgment creditor)告Xjudgment debtorX 穷,没钱还,Y知道X将会得到一笔钱-可以还债,Ygarnishee先,X一拿到钱就直接进入Y的户口。可是如果Y不知到X会拿到多少钱,Y不可以申请Garnishee
Equitable execution is stipulated in Order 51 of the RHC 1980 provides that where application is made for the appointment of a receiver by way of equitable execution, the court in determining whether it is just or convenient that the appointment should be made shall have regard to the amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and the probable costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the appointment. The summons for the appointment of a receiver must be in Form 108 and an order for the appointment of receiver by way of equitable execution must be in one of the Form 109. In Minister of Finance v Petrojasa S/B, The Respondent had obtained a monetary judgment at the High Court at Sandakan against the State Government of Sabah. The Respondent then applied for and obtained a Certificate of Judgment Sum and Order for Costs pursuant to section 33(1) of the Government Proceedings Act 1956 (“GPA”). As the State Government of Sabah did not make payment as required by the certificate, the Respondent filed an ex-parte Application for Leave for Judicial Review for an order of mandamus against the Appellant, the Minister of Finance, Government of Sabah, to pay the judgment sum in accordance with said certificate. as against a Government one cannot resort to any of the procedures provided by Orders 45 to 52. The only procedure allowed is as provided by section 33 GPA.
Normally applied to wining up a company. But normally the business will carry on to earn some money. So the judgment creditor appointed a administrator as a management in the company to do management and prevent any money go inside judgment debtor’s pocket
Charging order is another types of enforcement of judgment that stated in Order 50 of the RHC 1980. Order 50 rule 2(3) applies to any government stock, and any stock of any company registered under the written law, including any such stock standing in the name of the Accountant General and to any dividend of or any interest payable on such stock. Order 50 rule 3 of the RHC 1980 provides the procedure for the application of a charging order, by way of an ex parte summons supported by an affidavit. Order 50 rule 4(1) of the RHC 1980 provides that unless the court otherwise directs, a copy of the order made under rule 2 to show cause must at least 7 days before the time appointed thereby for further consideration of the matter. Order 20 rule 5(1) of the RHC 1980 provides that the charging order has the effect that no disposition by the judgment debtors of his interest in any securities to which an order under rule 2 to show cause relates made after the making of that order shall, so long as the order remains in force, be valid as against the judgment creditor. (Similar to mortgage)
The writ of possession is applicable where the judgment or order is for giving possession of immovable property. Under Order 45 rule 3(2) of the RHC 1980, a writ of possession shall not be issued without leave of the court except where the judgment or order was given or made in a charge action. Besides that, Order 45 rule 3(4) of the RHC 1980 provides that a writ of possession may include provision for enforcing the payment of any money ordered to be paid by judgment that is to be enforcing by the writ. The writ of possession in Form 90 commands the sheriff to enter into the property and to take possession of the property. The writ may include provision for enforcing the payment of money, usually rental arrears and legal costs and for that purpose the writ will command seizure and sale of moveable property of the defendant to satisfy the party monetary part of the judgment.
The writ of delivery in Order 45 rule 4 of the RHC 1980 in Form 89 commands the sheriff to seizure and delivers the movable property or value of the property or the specific property as the case may be to the judgment creditor. An order for the payment of the assessed value of any movable property may be enforced by the same means as to any other judgment for payment of money.

Writ of seizure- immovable property, land or estate. Cannot sell to other parties.
Writ of possession- movable property. Not landed property.
Writ of delivery- Specific property

Latest iPhone 2011

Wow! I finally tried Face Time today!! =D

Yes! The latest iPhone 4g or iPhone 5 will be definitely release in 2011! The aluminium material is definitely more durable and classic compared to the previous iPhone. I believed the latest invention of Steve Jobs will create another iPhone tsunami all around the world! 

I hope the future iPhone can be more user friendly by transferring data such as songs/photos/docs to other phones (Nokia, Sony Ericsson etc). The bluetooth device shall be improved. 

Also, I hope there will be a folder system in iPhone that can classify our message/docs easily!

How good if the latest iPhone provide us unlimited theme for FREE!! haha!


I tried to video call my friend today in the condition that both phones had connected to internet wifi ;))))

The rate of face time is higher than the ordinary phone calls by 10 cents/minute

There are also other applications such as Skype, Tango, Fring or Viber to use face time FREE OF CHARGE!

I should try it next time!!

Happy ^^

Num Fung


The Mystery of Vampire

Twilight, Vampire Diaries, Underworld and all the vampire stories lately had influenced the youth entered in the age of vampires. Blood suckers are popping out everywhere!!

Vampires, in myths and tales, are immortal, bloodthirsty creatures who stalk and kill humans and drink their blood to obtain the energy they need to stay alive. For centuries, literature and movies have portrayed vampires as such. Oh the other hand, real Vampires are not like that at all. There are even some Vampires that choose to spell it "Vampyre" and with using the alternative spelling hope to differentiate themselves from the mythical Vampires.

Real Vampires are not immortal. They are not allergic to sunlight, silver, or garlic, or holy objects and a steak through the heart will kill anyone. In fact, a lot of vampires are Christian, so religion has nothing to do with vampirism. 

Vampires are completely human, except for a few traits. They tend to heal faster than humans and they need extra energy from a source other than food. Now when i say "need" i do not mean if they dont get this extra energy that they will die.

In most of Europe during the dark ages there was great fear of vampires and many people were executed for being a vampire. Many people took to burying their love ones up side down so that if they turned into a vampire and tried to dig out of the coffin they would dig down instead of up.

Some people even in present day Europe hang garlic over their door ways to keep vampires away. There is also a legend in Europe that if you have a cat living in the house that vampires will avoid your house. You can also leave a dish of dry rice or mustard seed outside your door and a vampire will have to stop and count them before it can move on. 

Anyway I don't think vampire exist in the world anymore. But who knows they might be a few living in the society? Working as a normal person? Going to school? Or even your friends?? Haha!! 

What say you?

Big Girl Don't Cry

Hey You 
Cry Baby!
Not a kid anymore! 
Another four days to 21 years of your life!
Please be strong!
Be brave!


Panasonic GF2

For those who are planning to purchase a camera with DSLR effect, light & easy, fashion & modern, versatile & user friendly ---> Panasonic Lumix GF 2 is your BEST choice in the market!!

Panasonic Lumix GF2 was released on November 2010.  Let me introduce some awesome highlighted features of the smallest and lightest interchangeable lens system camera even compatible with the new 3D interchangeable lens!! That means you are able to see the 3D photos/ video with extremely real effect by using the latest 3D lens! It is much more better than DSLR which is very bulky for me ;(
Lumix GF2 is light sweet choice for the photographer <3

(a) World's Smallest and Lightest Body

It is the smallest Micro 4/3 camera in the market.The GF2 is dramatically reduced 19% in size and  7% in weight compared with the predecessor GF1. That means you can easily put your camera inside your bags without buying a bulky and expansive DSLR bag! 

(b) Intuitive Touch Control Shooting

It is very very user friendly! You can take any effects including the micro effect with the blurring background without learning much theories about aperture, shutter speed, ISO etc etc. The touch-screen operation excels not only for shooting but also for playing back images with outstanding visibility. You can play back the image you want out of hundreds of stocks by touching them in the thumbnails. To play back images one by one in order, you can drag the image over the screen with a finger to browse the collection of photos as you flip over the pages of a book.

(c) Colours Variation

Oh yes!! Good news for girls!! Goooood camera has finally introduced different colour besides typical black and silver. People can recognize your camera far away! There are true black, sleek silver, clean white, active red and pink available in aluminium material!! 

(d) High Image Quality

While achieving breakthroughs in compactness of design and outstandingly high usability, the DMC-GF2 assures high picture quality in both photo and movie thanks to the best-balanced performance of an imaging engine and a sensor. You can take brilliant photos at night

(e) High Quality Movie Recording 

A special, separate button on the back lets the user instantly start recording movies while shooting photos without any having to make any extra settings. High quality sound can be recorded with the stereo microphone for Dolby® Digital Stereo Creator. A Wind Cut function is also available to block out most of the noise from background wind.

(f) Stimulate Creativities

The GF2 features a new My Color mode which is integrated with the conventional Film mode. It offers a total of 8 preset effects — Expressive, Retro, Pure, Elegant, Cinema, Monochrome, Dynamic Art, Silhouette, plus Custom mode, which lets users manually set the color, brightness, saturation and contrast levels. GF2 also provides a total of 17 Scene modes. Most of these modes can be used when shooting motion images too, letting users create movies with dramatic, theatrical effects without having to edit after they shoot.

(g) Flexibility

GF2 provide customers with even higher levels of performance in a digital interchangeable lens camera. In addition to LUMIX G lenses, the GF2 and LUMIX G Micro System can use any interchangeable lens that complies with the Four Thirds standard with the prestigious lens that gives the user access to the unlimited number of lens properties.

(h) External Flash Light

Oh you can add on a flash light to take a better indoor photo effect!! WOohoo!!

This is the BESTTTT choice in the market compared to other similar products such as SONY NEX 5, NIKON, OLYMPUS PEN 2, etc etc!!!

Believe me you will be crazy about this camera! 

Sample GF2 photos

OK, I want to earn money from Blog and buy this for my 21st Birthday on May! OK?
The price in UK now is around £599.9 and Price in Malaysia is around RM 3000
Check it out!!!


The Mystery of Santa-NORAD Tracks Santa!



NORAD Tracks Santa might be a good tool for your to track santa around the world!!

For more than 50 years, NORAD and its predecessor, the Continental Air Defense Command (CONAD) have tracked Santa’s flight.
The tradition began in 1955 after a Colorado Springs-based Sears Roebuck & Co. advertisement for children to call Santa misprinted the telephone number. Instead of reaching Santa, the phone number put kids through to the CONAD Commander-in-Chief’s operations "hotline." The Director of Operations at the time, Colonel Harry Shoup, had his staff check the radar for indications of Santa making his way south from the North Pole. Children who called were given updates on his location, and a tradition was born.
In 1958, the governments of Canada and the United States created a bi-national air defense command for North America called the North American Aerospace Defense Command, also known as NORAD, which then took on the tradition of tracking Santa.
Since that time, NORAD men, women, family and friends have selflessly volunteered their time to personally respond to phone calls and emails from children all around the world. In addition, we now track Santa using the internet. Millions of people who want to know Santa’s whereabouts now visit the NORAD Tracks Santa website.

Based on historical data and more than 50 years of NORAD tracking information, we believe that Santa Claus is alive and well in the hearts of children throughout the world.
Santa Claus is known by many names, including Saint Nick. Historians claim that the history of Santa starts with the tradition of Saint Nicholas, a 4th century Christian priest who lived in the Middle East in an area of present-day Turkey who became famous for his kindness. He was known for giving gifts to the less fortunate, sprinkling gifts of gold down people’s chimneys or hiding surprises in their stockings.
It may be that the Santa we know today emerged from the legacy of Saint Nicholas. Clearly, Santa’s basic approach to gift giving is strikingly similar. Could they be the same person? Only Santa Claus knows for sure.

NORAD uses four high-tech systems to track Santa – radar, satellites, Santa Cams and fighter jets.
Tracking Santa starts with the NORAD radar system called the North Warning System. This powerful radar system consists of 47 installations strung across the northern border of North America. On December 24th, NORAD monitors the radar systems continuously for indications that Santa Claus has left the North Pole.

And guess what? NORAD Santa is coming to Malaysia this year at Taiping, Perak!!!! 

Merry Christmas everyone!!!


The Last Song

The Last family mid term exam

The Last xmas & DongZhi party with GFsss

The Last Family Assignment

The Last Mooting Oral Presentation

The Last 12 days to 2011

The Last Taekwondo Beach Training

The Last month to Chinese New Year

So flash back what have you done in the year 2010? Have you fulfilled your targets and achievements?
Lets try our best in last few days to make 2010 a happy ending.

I believe, the year 2011 will definitely be better than this year ;) xoxo


The Love Story of Mark Zuckerberg and Priscilla Chan

Mark Zuckerberg is the creator of the Facebook. He was born in New York to Karen-a psychiatrist, and Edward-a dentist. Mark was raised Jewish, including having had a Bar Mitzbah when he turned 13, although he has since described himself as an atheist. *I was wondering why is raised Jewish soooo powerful?*

By the time he began classes at Harvard, he had already achieved a reputation as a "programming prodigy". He majored in computer science and psychology. In his sophomore year, he built a lot programs such as "CourseMatch", "Facemash" for fun! *with the intention to know more girls LOLss* 

Mark launched Facebook from his Harvard dormitory room on February 4, 2004. He listed his personal interests as "openness, making things that help people connect and share what is important to them, revolutions, information flow, minimalism."

Priscilla Chan is a medical student from Chinastudying in Stanford University. Her ambition is to be a pediatrician. She is a very independent girl. She met Mark Zuckerberg queuing up the toilet at a party.*so girlzz, go to toilet more often in party next time HAHAHA* They met around 2004 and that was the same year that Mark came up with the Facebook concept.

Priscilla Chan with a sweet smile

Priscilla is not only his girlfriend but also plays an important role in the Facebook business. She has stood by Mark through all of the lawsuits, fame, press inquiries and tow of them have somehow managed to keep their relationship out from the prying eyes of the media. 

 Awhh so sweet

 OMG I cant believe that I am sooooooo Gossip girl

They moved to California so that he could develop his business project into the empire that it has become today. From that point on, Chan and Mark remained close to each other but kept their relationship secret for the most part. 

The couple has been working on spending quality time together outside of work. They have several rules to keep their relationship healthy which I think is very good for every couple!!
For instance, they must go on one date per week and spending at least 100 minutes together (not in FB or Mark's apartment)

 OMG Indian Dance?? haha

In short, for ALL the girls who have been always dreaming of meeting the rich guy or prince or bla bla bla Cinderella story. Its time to wake up! The true love that drive a relationship to eternity. Money is NOT a measurement for a relationship. So improve yourself if you wanna have a good boyfriend. Apparently the good boy Doesn't care about your appearance but your  liberal and independent thinking. For the celebrities who look very gorgeous, pretty and sexy figure who married a rich man always turned up to divorce. It is because they marriage without love but money. I recommend all the GIRLS who still have such thoughts to marry a the ATM Bank money machine because u can get money anytime ;pppppp

He finally announce his relationship officially!!

I wish both of you Happily Ever After!



昨天在吉隆坡SOLO,在MACEE INTERVIEW 後,四個對我一個。其中兩個美國人問比較多問題,有一題竟然問到WIKILEAKS case,他的表情有點失望當我告訴他我還沒學到。我真的要每天看報紙呀!但是我很開心能和他們對話,把我的心聲通通講出來,他們都大笑!我不是搞笑行動啦~

在PAVILLION KL 逛街,圣诞节很多折扣呀,布置还不错 =)


Handbag 重到我的肩膀要斷了,所以買了Bag

衣服裙子等等,消費太驚人了!!李亭瑩以為自己賺的是英鎊 == 不怕,一定要想個明確的生意,然後買東西捐錢等一律不看價錢!哈哈~又做夢了咯


今天去了親戚家附近的Desa Park City,好美呀!我也想要一間可以嗎?

那個姓楊的不懂又搞甚麼聖誕派對?但其實很爽 LALALA



Successful Interview Tips to Ivy League

The best advice for your interview is simple: be yourself. Interviewers expect to meet in person the individual they already have “met” on paper, and you can flounder if you try to be someone you’re not. That said, it’s important to concentrate on being your best self—dress appropriately, arrive on time, be courteous to those you meet, and be honest in your interview. The impression you make with your interviewers really does matter.

Without rehearsing or scripting answers, keep the six basic questions mentioned above in mind as you go into your interview. This preparation will help you focus on the sort of information you share and the points you’ll want to make with your interviewers. Feel free to take a moment to think before you answer a question, or to ask for clarification if you don’t understand a question. If you can’t answer a question, say so—but if you can, connect it to something you do know. If you feel you’ve said something you wish you hadn’t, you can address this issue directly later in the interview. Be sure to address each of your answers to everyone in the room.

It’s natural to feel nervous before an interview. But taking care of yourself beforehand—by preparing, getting a good night’s sleep, eating a healthy meal, and giving yourself time to arrive promptly—will help calm your nerves. If you can be comfortable with the interview as it unfolds, you’ll communicate confidence and selfreliance, qualities that will inevitably serve you well during a year overseas.

The First Selection
Employers who review job applications often make their first important decision by dividing all applicants into 3 groups. The first step in Fulbright's selection process also defines 3 categories:
1.      rejects (not to be considered)
2.      outstanding candidates (strong possibility of becoming winners)
3.      all others (potential candidates, could be interviewed)

Group 1 candidates are the easiest to identify. These candidates are eliminated immediately for several reasons:
  • Application form is not complete (documents are missing, questions left unanswered)
  • Did not follow instructions (questions poorly answered, late submission, information is missing)
  • Sloppiness (poor handwriting or typing, bad formatting)
  • Accuracy and spelling (incorrect vocabulary, punctuation, grammar, poor sentence structure)
  • Weak project description or personal statement (badly planned, poorly argued, does not demonstrate knowledge in the field, poor understanding of subject, limited familiarity with the research literature)
  • Poor communication skills (many words, little substance, irrelevant information)

Group 2 is the smallest. These candidates create a positive first impression. Documents are neat and complete, all questions thoughtfully answered. Candidates proposed well-organized, well-argued and interesting projects. English is correct and the writing is easy to read and understand. These applicants demonstrate understanding of their subject areas, relevant academic experience, in some cases appropriate work experience, and potential for contributing to the database of knowledge on their topics. They seem to have potential for developing new research directions and for making significant improvements over current practice in education or in their fields. These candidates will be invited to interview.

Group 3 is the largest. Candidates described interesting topics, have some experience and demonstrate average communication skills. However, the projects are weakly argued or poorly described. This suggests lack of experience with English language or underdeveloped communication skills. Still, these application materials will be reviewed again for indications that the candidate has potential for contributing to the knowledge base in the area of specialization or has potential to bring about positive change in education. Some applicants from this group will be invited to interview.

The purpose of the interview is to confirm that the candidate can communicate effectively, can demonstrate the skills described in the application materials, and has potential for contributing to the chosen area of study or research. Specifically, interviewers are looking for someone who is able to convince the committee that he or she 1) has a valuable project and will implement it successfully, 2) will introduce positive change in education or in their areas of specialization, and 3) will represent Ukraine in a positive way.

The interview tests self-confidence and ability to handle stress and pressure. During the interview, candidates will be asked to defend statements they made in the application materials. Candidates should be prepared to discuss authors, books and articles, and theories they mentioned. Interviewers may ask the candidate to explain the study or research subject in detail and to give specific examples. The candidate may be asked how the project will specifically benefit Ukraine or the Ukrainian education system.
Candidates should ALWAYS answer questions truthfully, clearly and in a way that is easy to understand, without using specific terminology. It is acceptable to admit not knowing the answer to a specific question. Candidates should ask for clarification if the question is not clear or if they feel the question is too general. Candidates who avoid answering difficult questions by talking about something else will fail the interview.

The interview process allows the candidate to “sell” himself or herself as a potential “ambassador” who will create a positive impression of Ukraine in the American academic, education or professional communities. In addition to the skills and competencies already mentioned, the interview will test:
  • Ability to demonstrate academic maturity and self-knowledge
  • Ability to handle difficult questions and to think in the “hot seat”
  • Good English communication skills
  • Diplomatic skills and ability to create positive PR for Ukraine
  • Ability to establish rapport and working relationships in groups
  • Dedication to the subject, commitment to the study or research, and passion for education.

There are three things to keep in mind as you prepare for your fellowship interview:
1. Know your Application Thoroughly
2. Stay on Message
3. Be Yourself
Know your Application Thoroughly
The majority of the interview will focus on information that was in your fellowship application. This includes your research proposal, personal statement, transcripts, resume and anything else that was included. Be ready to dive into your proposal in depth. If you did a research proposal make sure you can go deeper into the issues than what is included in your proposal, and also be ready to defend the research you have done. Before your interview, talk to your professors, ask them to help you anticipate where questions may come up. Develop a list of questions that may come up in the interview and practice answering them. If your proposal included a personal statement, be sure you remember what you said in that statement.
Stick to the vision, goals, and narrative you outlined in that statement, and be ready to expand on how the vision of who you are and what you want to become has played into other areas of your life. Always be prepared to answer questions regarding jobs or activities listed on your resume, as well as any classes that may appear on your transcript.

Stay on Message
Before your interview, pick three things about yourself that you want the fellowship committee members to have burned into their brain. It should be something about who you are, what you want to do, and how this fits into the mission and goals of the fellowship you are applying for. Try to bring whatever you are talking about back to the core: you, the fellowship, and how you are meant to be together.

Be Yourself
Above all, relax and enjoy the process. Be open and honest about who you are and what you want to accomplish. Be confident in your proposal; at this stage you've put a lot of thought, sweat, and tears into your project, and you should be proud of what you've produced. Finally, be confident in yourself; you've put an incredible amount of work into getting this far, and you have earned the opportunity to be in front of the committee. So enjoy it.

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