13 Jan 2026
PEMIUTANG PENGHAKIMAN RHB INVESTMENT BANK BERHAD PENGHUTANG PENGHAKIMAN AHMAD AKMAL BIN HAMZAH
- Citation
- WA-29NCC-1070-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-29NCC-1070-06/2024 (Mahkamah Tinggi)
The Consent Order constituted a final judgment supporting issuance of the Bankruptcy Notice; the Settlement Agreement and Supplemental SA preserved the creditor's rights and did not discharge or vary the guarantors where the guarantee expressly contracted out of ss.87,88,92 and 94 CA; the BN and certificate of indebtedness sufficiently particularised the debt and interest; exhaustion of execution under s.5(4) IA is required only against the principal debtor (who had no further remedies), and accordingly the creditor was entitled to leave under s.5(3)(b) and the appeals were allowed.