23 Sept 2022
PEMIUTANG PENGHAKIMAN Lua Ai Siew and Soong Ru Hui (chambering student) for the Judgment Creditors/Respondent [Messrs Soo Thien Ming & Nashrah] PENGHUTANG PENGHAKIMAN Datuk Wong Rhen Yen, Emily Wong and Jasneeta Bhullar for the Judgment Deb
- Citation
- KEBANKRAPAN NO. WA-29NCC-40-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KEBANKRAPAN NO. WA-29NCC-40-01/2021 (Mahkamah Tinggi)
The court held that leave under section 5(3) Insolvency Act 1967 is required before commencing bankruptcy proceedings; however, exercising its discretion the court granted the petitioning creditors' application for leave because the statutory precondition in s5(4) (exhaustion of execution/enforcement) was satisfied in light of the principal debtor having been wound up, and therefore allowed the creditors to proceed despite the earlier issuance of the Bankruptcy Notice.