12 Jul 2023
PEMIUTANG PENGHAKIMAN Lembaga Kumpulan Wang Simpanan Pekerja PENGHUTANG PENGHAKIMAN HAI KIONG NIANG
- Citation
- JA-29PB-409-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29PB-409-07/2022 (Mahkamah Tinggi)
Failure to file the SOA under s16, while non-compliant, is not an absolute bar to an application to annul a bankruptcy order where DGI has not commenced contempt proceedings and where justice requires consideration on merits; because the Company paid the outstanding EPF contributions (evidencing settlement of the principal debt) and the PODs filed by JC were not shown to have been accepted by DGI, the court exercised its discretionary power under s105(1) to allow the appeals and permit annulment rather than permanently deprive JDs of relief.