25 Apr 2024
PEMIUTANG PENGHAKIMAN AFFIN BANK BERHAD PENGHUTANG PENGHAKIMAN SOO LEE LEE
- Citation
- JA-29NCC-165-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29NCC-165-04/2023 (Mahkamah Tinggi)
The court allowed the judgment debtor's application to set aside the bankruptcy notice and dismissed the creditor's application to amend the notice. The notice was held to be ambiguous and misleading because it used a different interest base term than the judgment (BR v BLR), claimed interest as lump sums without requisite itemisation or specification of the applicable BLR rates at material times, and the statement of account relied upon was not served; the creditor's delay in seeking amendment and the risk of prejudice to the debtor meant s93(3) could not be used to cure the defects.