11 Oct 2022
PEMIUTANG PENGHAKIMAN SMEB ASSET MANAGEMENT SDN BHD PENGHUTANG PENGHAKIMAN YA'ACOP BIN SAMINGON
- Citation
- JA-29NCC-266-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29NCC-266-07/2021 (Mahkamah Tinggi)
The creditor failed to comply with subsection 5(4) of the Insolvency Act 1967 because it did not demonstrate that it had exhausted all modes of execution against the principal debtor and there was an inordinate unexplained delay of about seven years which prejudiced the guarantor; consequently the leave granted to commence bankruptcy proceedings was improperly given and the creditor's petition must be dismissed and the leave set aside; additionally, applications to enforce judgments older than six years should be heard by the Judge in person at the original court where the judgment was obtain…