4 Mar 2025
SYED GAMAL BIN SYED KECHIK AL-BUKHARY 1. ) ACE CREDIT (M) SDN BHD 2. ) CHANG AI NEE 3. ) CHOONG CHEE MENG
- Citation
- WA-22NCC-62-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-62-02/2023 (Mahkamah Tinggi)
There is no rule under Order 45 r.6(2) or Order 42 r.6(2) ROC 2012 requiring a judgment creditor to first pursue execution measures before applying to fix a time for payment; the Court will grant the application where evidence shows avoidance of payment, but will not order payment from a company in liquidation or its liquidator and the creditor must file proof of debt. Consequently the application to fix time was granted as prayed only against the 2nd and 3rd defendants and refused as against the 1st defendant and/or its liquidator.