22 May 2025
TETUAN ASIAH & HISAM MOHD SHAHFARIZAN BIN MOHD ARIF
- Citation
- BA-12B-89-08/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-89-08/2024 (Mahkamah Tinggi)
The High Court found the Sessions Court erred in principle by failing to properly verify and assess the respondent's financial capacity under s.4 Debtors Act 1957 and by over-relying on uncorroborated testimony amid allegations of undisclosed assets; appellate intervention was therefore justified and the instalment order was varied from RM1,000 to RM10,000 per month, with enforcement to proceed subject to insolvency law; no costs were ordered due to the respondent's undischarged bankruptcy.