25 Mar 2024
PEMIUTANG PENGHAKIMAN CIMB BANK BERHAD PENGHUTANG PENGHAKIMAN Anuar Bin Ahmad
- Citation
- PA-29NCC-98-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-29NCC-98-03/2021 (Mahkamah Tinggi)
The appeal fails because the judgment against multiple guarantors imposed joint and several liability permitting the creditor to pursue JD alone for the full judgment sum; the amounts stated in the BN and Amended CP were accurate when filed; dividends paid by the Insolvency Department after filing do not invalidate the petition so long as the remaining debt exceeds the statutory threshold and reductions will be addressed in proof of debt proceedings; JD failed to establish counterclaim/set‑off or other grounds to go behind the judgment, therefore the SAR's decision to allow proceedings stands.