Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Enforceability of judgment

Legal area

Court

22 Apr 2022

PEMIUTANG PENGHAKIMAN EVEREST WEB SDN. BHD. PENGHUTANG PENGHAKIMAN CHAN WAI FONG

Citation

WA-29NCC-1945-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-1945-10/2020 (Mahkamah Tinggi)

The appeal was dismissed because the underlying judgment remains valid and unsatisfied, the judgment debtor is jointly and severally liable under section 44 of the Contracts Act 1950 as interpreted by Federal Court authority, the creditor is not a secured creditor because the assets in issue belong to a third party, and the High Court will not go behind the judgment in these bankruptcy proceedings.
11 Mar 2020

Pelopor Dinamik Sdn Bhd LAIN-LAIN 1. ) Zainuddin Bin Baharuddin 2. ) James Theophilus Fredericks

Citation

WA-28NCC-1342-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-1342-12/2019 (Mahkamah Tinggi)

The statutory demand was validly served and remained unpaid for more than 21 days; the respondent admitted the judgment against it which is final and enforceable and therefore the debt is not bona fide disputed; on that basis the respondent is deemed unable to pay its debts under s466(1)(a) Companies Act 2016 and the winding up petition is allowed; procedural irregularities asserted were curable and limitation arguments could not permit the court to go behind a valid judgment.