29 Sept 2020
LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA EDWIN CASSIAN A/L NAGAPPAN @ MARIE
- Citation
- 03-3-10/2019(W) (Mahkamah Persekutuan)
- Court
- W
- Case number
- 03-3-10/2019(W) (Mahkamah Persekutuan)
The Federal Court held that by operation of section 46 EPF Act 1991 (read with section 44 Contracts Act 1950 principles) the liability of the directors was joint and several such that the creditor was entitled to proceed against any one or more of the joint promisors for the entirety of the judgment sum; the courts below erred in treating 'joint' as halving liability and in holding the bankruptcy notice invalid; appeal allowed and matter remitted to High Court.