11 Dec 2022
PEMIUTANG PENGHAKIMAN WONG HOW HUA PENGHUTANG PENGHAKIMAN NG THENG HOOI
- Citation
- DA-29NCC-42-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-29NCC-42-02/2022 (Mahkamah Tinggi)
The court held the settlement agreement was limited to the specified timeline (to 31.12.2021 for execution and 31.1.2022 for stamping) and became impossible to perform when the buyer withdrew; clause 8 expressly preserved the creditor's right to enforce the judgment; accordingly the debtor's failure to pay after service of the bankruptcy notice constituted an act of bankruptcy under s3(1)(i) and the Assistant Registrar's order cancelling the bankruptcy notice was set aside.