26 Jan 2021
Wan Shahrizal bin Wan Ladin for the Appellant/Judgment Debtor [Messrs Wan Shahrizal, Hari & Co.] Sabarina binti Mohamed Sidek and Apparao a/l Apana for the Respondent/Judgment Creditor [Messrs Tengku Azlina, Rao, Low & Associates]
- Citation
- KEBANKRAPAN NO. WA-29NCC-(2584 & 2585)-08/2019 (Mahkamah Tinggi)
- Court
- 2584 & 2585
- Case number
- KEBANKRAPAN NO. WA-29NCC-(2584 & 2585)-08/2019 (Mahkamah Tinggi)
The Company Resolution did not satisfy s.4(3) Civil Law Act 1956 because there was no evidence of express written notice of assignment to the debtors and on construction of the resolution it at most authorised payment to the director rather than transferring the beneficial interest; therefore Econwin retained locus standi and the bankruptcy notices were valid; appeals dismissed with costs.