5 Apr 2023
PEMIUTANG PENGHAKIMAN BEYOND HALLMARK SDN. BHD. PENGHUTANG PENGHAKIMAN YAHNASEGARAN S GOVINDASAMY
- Citation
- WA-29NCC-836-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-29NCC-836-07/2022 (Mahkamah Tinggi)
The SAR correctly dismissed the application because it was filed under revoked Bankruptcy Rules and was incurably defective; substantively, the delay and errors in delivery of post-dated cheques amounted to breach of the consent judgment entitling the creditor to commence bankruptcy proceedings; the bankruptcy notice remained valid despite alleged excessive sums because the debtor did not give the statutory notice disputing the amount, therefore the appeal is dismissed with costs.