12 Nov 2025
PEMIUTANG PENGHAKIMAN United Overseas Bank (China) Limited, Chengdu Branch PENGHUTANG PENGHAKIMAN Siow Kwang Joon @ Siow Kwong Shang
- Citation
- JA-29NCC-91-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29NCC-91-02/2024 (Mahkamah Tinggi)
The High Court upheld the Registrar: a civil stay of execution not obtained under s97 IA 1967 does not bar an application for leave under s5(3)(b) IA 1967; bankruptcy is a separate statutory regime; exhaustion under s5(4) and s5(6) is assessed by practical reality (where the principal is in insolvency and assets are controlled by administrators, enforcement is effectively exhausted); accordingly Registrar did not err and leave was properly granted.