PEMIUTANG PENGHAKIMAN EVEREST WEB SDN. BHD. PENGHUTANG PENGHAKIMAN CHAN WAI FONG

PEMIUTANG PENGHAKIMAN EVEREST WEB SDN. BHD. PENGHUTANG PENGHAKIMAN CHAN WAI FONG

The appeal was dismissed because the underlying judgment remains valid and unsatisfied, the judgment debtor is jointly and severally liable under section 44 of the Contracts Act 1950 as interpreted by Federal Court authority, the creditor is not a secured creditor because the assets in issue belong to a third party, and the High Court will not go behind the judgment in these bankruptcy proceedings.

Citation
WA-29NCC-1945-10/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: CHAN WAI FONG; Judgment Creditor: EVEREST WEB SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2022
Case Number
WA-29NCC-1945-10/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal to High Court (judge in Chambers) Against Senior Assistant Registrar Decision
Outcome
Appeal dismissed; decision of the Senior Assistant Registrar upheld
Legal Topics
Joint and Several Liability, Secured Creditor Status, Enforceability of Judgment, Estoppel, Finality of Judgment
Source Language
Malay/English
Bankruptcy Contract Law Insolvency Civil Procedure Joint and Several Liability Secured Creditor Status Enforceability of Judgment Estoppel +1 more

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Parties

CHAN WAI FONG

Judgment Debtor

EVEREST WEB SDN BHD

Judgment Creditor

Procedural Posture

Bankruptcy / Appeal to High Court (judge in Chambers) Against Senior Assistant Registrar Decision

Legal Issues

  1. 1 Whether the judgment debtor is jointly and severally liable for the judgment debt
  2. 2 Whether the judgment creditor is a secured creditor under the Insolvency Act 1967
  3. 3 Whether the court may go behind or set aside the underlying judgment in bankruptcy proceedings

Ratio Decidendi

The appeal was dismissed because the underlying judgment remains valid and unsatisfied, the judgment debtor is jointly and severally liable under section 44 of the Contracts Act 1950 as interpreted by Federal Court authority, the creditor is not a secured creditor because the assets in issue belong to a third party, and the High Court will not go behind the judgment in these bankruptcy proceedings.

Court Disposition

Appeal dismissed; decision of the Senior Assistant Registrar upheld

Orders

  • Appeal dismissed and SAR decision in Enclosure 45 upheld
  • Costs of RM800.00 awarded to the Judgment Creditor