17 Aug 2022
PEMIUTANG PENGHAKIMAN Lonpac Insurance Berhad PENGHUTANG PENGHAKIMAN Embi bin Bahari
- Citation
- WA-29NCC-1006-10/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-29NCC-1006-10/2021 (Mahkamah Tinggi)
The AIO/notice was filed within the seven-day period when computed under Rules of Court O.3 r.2(5); however the AIO failed to particularise and quantify any counterclaim/set-off to meet the statutory threshold under s3(1)(i), therefore it could not operate to set aside the Bankruptcy Notice. The inclusion of appellate costs and allocatur in the Bankruptcy Notice was lawful because those orders relate specifically to the single principal judgment. The issuance of the Bankruptcy Notice did not breach ss5(3)-(6) IA 1967; leave under s5 is not a precondition to issuing a BN and any challenge on s…