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 High Court affirmed the SAR: the December 2018 judgment remains valid and unsatisfied and, pursuant to s44 Contracts Act 1950 and relevant authority, the judgment debt is joint and several; the Creditor is not a secured creditor as the contested assets belong to a third party; therefore the appeal is dismissed and the SAR decision is 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 From Senior Assistant Registrar to High Court (judge in Chambers)
Outcome
Appeal dismissed; decision of the Learned Senior Assistant Registrar in Enclosure 45 upheld.
Legal Topics
Joint and Several Liability, Secured Creditor Status, Ability to Challenge Prior Judgment in Bankruptcy, Estoppel, Costs
Source Language
Malay/English
Bankruptcy/insolvency Contract Law Civil Procedure Judgment Enforcement Joint and Several Liability Secured Creditor Status Ability to Challenge Prior Judgment in Bankruptcy Estoppel +1 more

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Parties

CHAN WAI FONG

Judgment Debtor

EVEREST WEB SDN BHD

Judgment Creditor

Procedural Posture

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

Legal Issues

  1. 1 Whether the judgment debt is joint and several
  2. 2 Whether the High Court may go behind the prior judgment in bankruptcy proceedings
  3. 3 Whether the Judgment Creditor is a secured creditor within the meaning of the Insolvency Act

Ratio Decidendi

The High Court affirmed the SAR: the December 2018 judgment remains valid and unsatisfied and, pursuant to s44 Contracts Act 1950 and relevant authority, the judgment debt is joint and several; the Creditor is not a secured creditor as the contested assets belong to a third party; therefore the appeal is dismissed and the SAR decision is upheld.

Court Disposition

Appeal dismissed; decision of the Learned Senior Assistant Registrar in Enclosure 45 upheld.

Orders

  • Appeal in Enclosure 62 dismissed
  • Decision of the Learned Senior Assistant Registrar in Enclosure 45 upheld