7 Nov 2023
Koperasi Perumahan Kluang Berhad 1. ) Tetuan Khalek Awang & Associates 2. ) Arham bin Ajid 3. ) Ahmad Bazlan Bin Che Kassim 4. ) Nor Hafeez Bin Nurul Hadi 5. ) Ahmad Kamal Bin Abu Bakar 6. ) Arik Zakri Bin Abdul Kadir 7. ) Hazlina Binti Has
- Citation
- CA-24NCvC-31-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CA-24NCvC-31-02/2023 (Mahkamah Tinggi)
The court held that enforcement of the prior judgments and orders could only be pursued against those who were partners at the time the cause of action accrued (the named partners Khalek Awang and Zakhirah). Incoming partners who joined after the accrual date are not liable for pre-existing partnership debts under section 19 of the Partnership Act 1961. The originating summons seeking broader enforcement and leave for bankruptcy proceedings against other partners was an abuse of process and was dismissed with costs.