7 Feb 2023
PEMIUTANG PENGHAKIMAN ARDENCY CONSTRUCTION & TRADING SDN BHD PENGHUTANG PENGHAKIMAN MOHD SHAHRIZAN BIN M SHARIF
- Citation
- CA-29NCC-195-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CA-29NCC-195-11/2021 (Mahkamah Tinggi)
The High Court held the default judgment was valid and not set aside, there is no requirement that a judgment creditor obtain leave before issuing a bankruptcy notice and leave can be obtained up to the filing of the creditor's petition; JC had exhausted remedies against the principal debtor (Astana was wound up), JD failed to discharge the burden to set aside the default judgment or show merit to invalidate the bankruptcy notice, therefore the appeal was dismissed with costs and the Registrar's decision was affirmed.