PEMIUTANG PENGHAKIMAN CHEOK LAY HO @ PAUL CHEOK PENGHUTANG PENGHAKIMAN CHANG AI NEE

PEMIUTANG PENGHAKIMAN CHEOK LAY HO @ PAUL CHEOK PENGHUTANG PENGHAKIMAN CHANG AI NEE

The appeal fails because the petitioning creditor had already obtained leave under s.5(3)(b) (Encl 38) and the JD's challenge to that leave was previously dismissed; therefore the challenge to the proceedings as premature has no merit.

Citation
WA-29NCC-1090-06/2024 (Mahkamah Tinggi)
Parties
Judgment Debtor: Chang Ai Nee; Judgment Creditor: Cheok Lay Ho @ Paul Cheok
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 January 2026
Case Number
WA-29NCC-1090-06/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Interlocutory (appeal Against Dismissal of Stay Application)
Outcome
Encl 92 dismissed
Legal Topics
Leave Under Section 5(3), Directors' Personal Guarantee, Interim Stay of Creditors Petition, Exhaustion of Execution and Enforcement
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Commercial Law Leave Under Section 5(3) Directors' Personal Guarantee Interim Stay of Creditors Petition Exhaustion of Execution and Enforcement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Chang Ai Nee

Judgment Debtor

Cheok Lay Ho @ Paul Cheok

Judgment Creditor

Procedural Posture

Bankruptcy / Interlocutory (appeal Against Dismissal of Stay Application)

Legal Issues

  1. 1 Whether leave under s.5(3) is required before commencing bankruptcy proceedings against a non‑social guarantor
  2. 2 Whether the petitioning creditor obtained the required leave under s.5(3)(b)
  3. 3 Whether leave requires the creditor to have exhausted all modes of execution and enforcement against the debtor

Ratio Decidendi

The appeal fails because the petitioning creditor had already obtained leave under s.5(3)(b) (Encl 38) and the JD's challenge to that leave was previously dismissed; therefore the challenge to the proceedings as premature has no merit.

Court Disposition

Encl 92 dismissed

Orders

  • Encl 92 dismissed with costs of RM3,000.00