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WHAT IS ORDER OF COMMITTAL ?

Enforcement of judgment by order of committal is rare in Malaysia.

Order of Committal is a method of enforcing judgment by obtaining an order that a person be committed to prison.

It is usually sought when the person has committed contempt of the Court such as disobedience of an order of the court.

However, in today's practice, it is very occasionally available to enforce an order for the payment of debt.

WHEN CAN ORDER OF COMMITTAL BE ENFORCED ?

Under the Subordinate Courts Rules 1980, Order 30, Rule 5 where :

• a person required by a judgment or order to do an act within a time specified in the judgment or order refuses or neglects to do it within that time or
• a person disobeys a judgment or order requiring him or her to abstain from doing an act

then, subject to the provisions of these rules, the judgment or order may be enforced by one or more of the following means, that is to say

• with the leave of the Court, an order of committal
• where that person is a body corporate, with the leave of the Court, or order of committal against any director or other officer of the body
• subject to the provisions of the Debtors Act 1957, an order of committal against that person or, where that person is a body corporate, against any such officer.

Order of committal may also be enforced where the above rules apply and where

• a judgment or order for the giving of possession of immovable property or
• a judgment for the delivery of any movable property which does not give a person against whom the judgment is given or order made the alternative of paying the assessed value of the property or
• a judgment or order for the delivery of any movable property or payment of their assessed value

is not being complied with.