25 Oct 2021
PEMIUTANG PENGHAKIMAN Dato’ Watson Peters and Lavendran Masilamany for the Judgment Creditor [Messrs Peter Chambers (Petaling Jaya)] PENGHUTANG PENGHAKIMAN Muhammad Zahir Sanjay Abdullah for the Judgment Debtor [Messrs Muhammad Zahir]
- Citation
- KEBANKRAPAN NO. WA-29NCC-2160-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KEBANKRAPAN NO. WA-29NCC-2160-12/2020 (Mahkamah Tinggi)
The appeals were dismissed: the appeals were defective for non‑compliance with Form 114 and, on the merits, the BN and consequent bankruptcy proceedings were valid because the underlying judgment was final and not stayed, service on the sole proprietorship constituted service on the individual, the JD's late affidavit was not considered (thus JC's averments stood admitted), and the CP amendment to correct the date of act of bankruptcy was properly made under the court's power to amend (s93(3)) and caused no substantial injustice (s131/r282).