16 Dec 2020
KEJURUTERAAN BINTAI KINDENKO SDN BHD (NO. SYARIKAT 89776-P) FONG SOON LEONG (NO. K/P 690923-10-6139)
- Citation
- B-03(IM)(NCC)-44-05/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B-03(IM)(NCC)-44-05/2019 (Mahkamah Rayuan)
On the substantive law the Court held that a money judgment or costs order against several debtors ordinarily imposes joint and several liability so each debtor may be separately enforced for the whole judgment sum; however the Court was bound by prior Court of Appeal decisions (notably Sumathy and Edwin Cassian Nagappan) to the contrary on this precise issue and therefore could not depart from that precedent; accordingly the appeal was dismissed.