PEMIUTANG PENGHAKIMAN V. Ganesalingam for the Judgment Creditor [Messrs Ganesalingam Vijayaratnam & Aisha Jothilingam] PENGHUTANG PENGHAKIMAN John Henry Louis for the Judgment Debtor [Messrs John & Associates)

PEMIUTANG PENGHAKIMAN V. Ganesalingam for the Judgment Creditor [Messrs Ganesalingam Vijayaratnam & Aisha Jothilingam] PENGHUTANG PENGHAKIMAN John Henry Louis for the Judgment Debtor [Messrs John & Associates)

The appeal was dismissed because the original judgment remains valid and unsatisfied and, under s.44 Contracts Act and Federal Court authority, the Judgment Debtor is jointly and severally liable; the court will not go behind that judgment in these bankruptcy proceedings; the Judgment Creditor is not a secured creditor as the contested assets belong to a third party; therefore the SAR's dismissal of the Notice to Oppose was correctly upheld.

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) From Senior Assistant Registrar Decision
Outcome
Appeal dismissed; SAR decision upheld
Legal Topics
Joint and Several Liability, Enforcement of Judgment, Secured Creditor Status, Res Judicata/estoppel, Appeal
Source Language
Malay/English
Bankruptcy Contract Law Civil Procedure Insolvency Joint and Several Liability Enforcement of Judgment Secured Creditor Status Res Judicata/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) From Senior Assistant Registrar Decision

Legal Issues

  1. 1 Whether the judgment debt is joint and several
  2. 2 Whether the High Court may go behind the original judgment
  3. 3 Whether the Judgment Creditor qualifies as a secured creditor

Ratio Decidendi

The appeal was dismissed because the original judgment remains valid and unsatisfied and, under s.44 Contracts Act and Federal Court authority, the Judgment Debtor is jointly and severally liable; the court will not go behind that judgment in these bankruptcy proceedings; the Judgment Creditor is not a secured creditor as the contested assets belong to a third party; therefore the SAR's dismissal of the Notice to Oppose was correctly upheld.

Court Disposition

Appeal dismissed; SAR decision upheld

Orders

  • Appeal dismissed with costs RM800.00
  • Decision of the Learned Senior Assistant Registrar in Enclosure 45 upheld