Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Joint and several liability of guarantors

Legal area

Court

22 Dec 2022

PEMIUTANG PENGHAKIMAN MALAYSIA DEBT VENTURES BERHAD PENGHUTANG PENGHAKIMAN ABDUL RAHIM BIN ABDUL BAKAR

Citation

BA-29NCC-1936-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-29NCC-1936-09/2021 (Mahkamah Tinggi)

JD's application was dismissed because JD failed to comply with the mandatory seven-day notice and filing requirement under s3(2)(ii) IA and the AIO did not particularize any counterclaim/set-off as required by s3(1)(i); the underlying summary judgment remained final and established joint and several liability making the bankruptcy notice and creditor's petition valid.
14 Sept 2022

PEMIUTANG PENGHAKIMAN UNITED OVERSEAS BANK (MALAYSIA) BHD PENGHUTANG PENGHAKIMAN LIM KOK SENG

Citation

WA-29NCC-430-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-430-04/2022 (Mahkamah Tinggi)

The court held the judgment creditor had exhausted all modes of execution within ss.5(3),(4)&(6) IA by virtue of the principal debtor being wound up and there being no realistic recourse against the company, and therefore granted leave to commence bankruptcy proceedings; further the Summary Judgment is a joint and several liability judgment such that each judgment debtor is liable for the entire judgment sum, therefore the bankruptcy notices founded on that judgment were valid and the applications to set them aside were dismissed.