10 Sept 2025
PEMIUTANG PENGHAKIMAN Christopher Martin Boyd PENGHUTANG PENGHAKIMAN Deb Brata Das Gupta
- Citation
- WA-29NCC-1076-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-29NCC-1076-06/2024 (Mahkamah Tinggi)
The court held the Settlement did not extinguish the Judgment because clause 5 contained a default provision that revives the Judgment on default, therefore the bankruptcy notice and creditor's petition predicated on the Judgment were valid; further the affidavit verifying the petition affirmed one day prior to filing did not cause prejudice and section 131 of the Insolvency Act 1967 preserves the petition; accordingly the debtor's appeals fail.