MARZIDA BINTI MANSOR Lembaga Kumpulan Wang Simpanan Pekerja

MARZIDA BINTI MANSOR Lembaga Kumpulan Wang Simpanan Pekerja

The Court dismissed the appeal: the EPF Act supplies the relevant rate mechanism and imposes late payment charges (no uncertainty), the Summary Judgment of 14.05.2009 remained valid and enforceable, the Appellant failed to timely apply to set aside or vary the SJ and made part payments admitting the debt, no credible evidence of an outside compromise was produced to oust the Respondent's rights; consequently the Bankruptcy Notice was valid and the High Court rightly allowed the Respondent's appeal against the SAR.

Citation
B-03(IM)(NCC)-12-02/2022 (Mahkamah Rayuan)
Parties
Appellant / Judgment Debtor: Marzida Binti Mansor; Respondent / Judgment Creditor: Lembaga Kumpulan Wang Simpanan Pekerja
Court
IM
Jurisdiction
Malaysia
Judgment Date
28 March 2023
Case Number
B-03(IM)(NCC)-12-02/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (bankruptcy) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Bankruptcy Notice, EPF Act Section 46 and 49, Uncertainty/nullity, Joint and Several Liability, Delay/limitation, Set Aside Judgment, Outside/compromise Agreement
Source Language
Malay/English
Bankruptcy Employment Law Statutory Interpretation Civil Procedure Summary Judgment Bankruptcy Notice EPF Act Section 46 and 49 Uncertainty/nullity +4 more

Case Brief

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Parties

Marzida Binti Mansor

Appellant / Judgment Debtor

Lembaga Kumpulan Wang Simpanan Pekerja

Respondent / Judgment Creditor

Procedural Posture

Civil Appeal (bankruptcy) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Bankruptcy Notice dated 13.09.2019 was defective because the underlying Summary Judgment (14.05.2009) was uncertain as to interest/late payment charges
  2. 2 Whether an outside compromise/agreement and part payments ousted the Respondent's right to rely on the Summary Judgment
  3. 3 Whether liabilities between company and directors are joint and several under the EPF Act for purposes of bankruptcy

Ratio Decidendi

The Court dismissed the appeal: the EPF Act supplies the relevant rate mechanism and imposes late payment charges (no uncertainty), the Summary Judgment of 14.05.2009 remained valid and enforceable, the Appellant failed to timely apply to set aside or vary the SJ and made part payments admitting the debt, no credible evidence of an outside compromise was produced to oust the Respondent's rights; consequently the Bankruptcy Notice was valid and the High Court rightly allowed the Respondent's appeal against the SAR.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in toto
  • Appellant to pay costs of RM10000.00 to the Respondent