16 Jan 2025
HALAL DEVELOPMENT CORPORATION BERHAD AHMAD ZAKI BIN EMBI
- Citation
- BA-12ANCvC-64-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12ANCvC-64-10/2023 (Mahkamah Tinggi)
An undischarged bankrupt lacks legal capacity under s38(1)(a) to commence or defend ordinary contractual proceedings without prior sanction from the DGI; the exception for injury to person is inapplicable to commercial consultancy claims; a sanction granted after the proceedings cannot retrospectively cure the jurisdictional defect; accordingly the Sessions Court judgments were void ab initio and must be set aside, while leave obtained by HDC under s8(1)(a) was valid to continue the appeals.