10 Jan 2025
PEMIUTANG PENGHAKIMAN MAYBANK ISLAMIC BERHAD PENGHUTANG PENGHAKIMAN NG SHOO CHONG
- Citation
- JA-29NCC-577-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29NCC-577-06/2024 (Mahkamah Tinggi)
The court held the judgment creditor satisfied s.5(3)(b): leave to commence bankruptcy proceedings against the non-social guarantor was obtainable at the stage taken (given the principal debtor was wound up and proof of debt filed and no further modes of execution remained), the creditor's application for leave in Enclosure 5 is allowed, and the objections based on defective service and non-finality of the default judgment are rejected because the judgment remains enforceable until set aside and need not be proved served before initiating bankruptcy procedures.