16 Jan 2024
PEMIUTANG PENGHAKIMAN Lembaga Kumpulan Wang Simpanan Pekerja PENGHUTANG PENGHAKIMAN HAI CHER SENG
- Citation
- JA-29NCC-648-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29NCC-648-10/2022 (Mahkamah Tinggi)
The court held the debtor's Form 45 notice was defective for failing to specify the statements in the petition disputed and that objections based on failure to exhaust execution against the company and abuse of process were grounds outside Form 45 that required a summons; further, the creditor's petition and verifying affidavit were valid because the deponent's authority was evidenced in the petition and supporting documents and because s6(1) and relevant rules governing verifying affidavits prevail over s133/r215; accordingly the debtor's notice and supporting affidavit were dismissed with c…