24 Jun 2021
TOP FOREST WOOD SDN BHD VIMIX CONCRETE SDN BHD
- Citation
- BL-12A-4-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12A-4-02/2021 (Mahkamah Tinggi)
The Sessions Court erred in striking out the debtor summons: the Debtors Act and rules permit enforcement proceedings in the court where the original proceedings were commenced (here the Sessions Court), the debtor summons disclosed a proper cause of action and was not barred by res judicata, and striking out without liberty to refile was inappropriate; accordingly the appeal is allowed, the strike‑out set aside, the summons revived and costs awarded.