PEMIUTANG PENGHAKIMAN MAYBANK ISLAMIC BERHAD PENGHUTANG PENGHAKIMAN Lee Kwi Chu

PEMIUTANG PENGHAKIMAN MAYBANK ISLAMIC BERHAD PENGHUTANG PENGHAKIMAN Lee Kwi Chu

The court rejected the debtor's objections and held the default judgment remained valid and enforceable as it had not been set aside; any calculation understatement was a formal defect curable by section 131 and did not cause substantial injustice especially as the proven debt exceeded the statutory threshold; the s.5(3)(b) application was regular and properly served; and once the principal company was wound up with proof of debt filed and no further execution remedies available, the creditor lawfully proceeded against the guarantor, so the petition stands.

Citation
JA-29NCC-133-02/2025 (Mahkamah Tinggi)
Parties
Judgment Creditor: Maybank Islamic Berhad; Judgment Debtor: Lee Kwi Chu
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 October 2025
Case Number
JA-29NCC-133-02/2025 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Hearing on Objection to Creditor's Petition (application to Set Aside Petition)
Outcome
Application to set aside Creditor's Petition dismissed
Legal Topics
Bankruptcy Petition, Service of Process, Judgment Enforcement, Section 5(3)(b) Insolvency Act 1967, Section 131 Bankruptcy Act 1967
Source Language
Malay/English
Insolvency Bankruptcy Law Civil Procedure Bankruptcy Petition Service of Process Judgment Enforcement Section 5(3)(b) Insolvency Act 1967 Section 131 Bankruptcy Act 1967

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Parties

Maybank Islamic Berhad

Judgment Creditor

Lee Kwi Chu

Judgment Debtor

Procedural Posture

Bankruptcy / Hearing on Objection to Creditor's Petition (application to Set Aside Petition)

Legal Issues

  1. 1 Validity of default judgment dated 28-09-2022
  2. 2 Accuracy of the quantum claimed against the debtor
  3. 3 Regularity of the court's permission under s.5(3)(b) Insolvency Act 1967

Ratio Decidendi

The court rejected the debtor's objections and held the default judgment remained valid and enforceable as it had not been set aside; any calculation understatement was a formal defect curable by section 131 and did not cause substantial injustice especially as the proven debt exceeded the statutory threshold; the s.5(3)(b) application was regular and properly served; and once the principal company was wound up with proof of debt filed and no further execution remedies available, the creditor lawfully proceeded against the guarantor, so the petition stands.

Court Disposition

Application to set aside Creditor's Petition dismissed

Orders

  • Notis Niat Membantah Petisyen (Lampiran 15) dismissed
  • Saman Dalam Kamar (Lampiran 17) dismissed