29 Apr 2022
PEMIUTANG PENGHAKIMAN Andrea Tan Soon Li for the Judgment Creditor [Messrs Peters Chambers] PENGHUTANG PENGHAKIMAN Muhammad Zahir Sanjay Bin Abdullah for the Judgment Debtor [Messrs Muhammad Zahir]
- Citation
- WA-29NCC-2160-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-29NCC-2160-12/2020 (Mahkamah Tinggi)
The Appeals were dismissed because they failed to comply with Form 114/Order 56 by not stating the order sought, a fundamental procedural non‑compliance; on the merits, personal service of the Amended Creditor's Petition on 23.7.2021 was valid despite the absence of the verifying affidavit at that moment because the Debtor failed to show any substantial injustice caused by that defect and section 131 together with Rules 108 and 282 permit the court to uphold proceedings notwithstanding formal defects.