8 Oct 2019
HIA CHOO NAI OCBC BANK (MALAYSIA) BERHAD
- Citation
- WA-38-511-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-38-511-06/2019 (Mahkamah Tinggi)
The DR's decision of 27.8.2019 must be set aside because the DR considered and relied upon affidavits and submissions by a defendant who, as an undischarged bankrupt, was incompetent to engage counsel, file affidavits or pursue the proceedings without prior sanction from the Director General of Insolvency; the proper course was to adjourn to await DGI sanction and, in consequence, the defendant's Notice of Appeal is to be struck out and the DR's orders set aside. The plaintiff remains free to re-file and to exercise its rights as a secured creditor under s 8(2).