You find it rare especially in Malaysia to see a judgement enforced by order of committal. But an order of committal is basically a method of enforcing a judgement where an order is obtained to send someone to prison. The order of committal is usually sought when someone has committed contempt of the court, for example when someone disobeys an order from the court. However, as mentioned earlier in today’s practice you will find that the order of committal is used only occasionally to enforce an order for the payment of a particular debt.
When can this order be enforced?
According to the Subordinate Courts Rules 1980, Order 30, Rule 5 if a person is required by the judgement or the order to perform a certain act in the specified time and that person refuses or has neglected to do it within then time that has been given or when a person disobeys a judgement or an order that requires them to abstain from performing that certain act.
After that the particular person will be subjected to the provisions that are found in these rules and the judgement or order may be then enforced by one or more of the following means that includes the leave of the court, an order of committal, if the person is actually a corporate body then with the leave of the court or the order of committal will be against the director of that particular company or any other officer of that corporate body. The order of committal against any person or against a corporate body that includes the officers is subjected to the provisions of the Debtors Act 1957.
The order of committal can also be enforced where the above rules apply and where the judgement or order for the giving of the possession of the immovable property, the judgement or order for the delivery of any form of movable property or the payment of their assessed value, and the judgement for the delivery of any of the movable property which does not give a person where the judgement is given or any alternate order to be made for the payment of the assessed value of the property. And the order of committal will come into force when these are not being complied with.