24 Jan 2024
PEMIUTANG PENGHAKIMAN 1. ) LDE PROJECT SDN BHD 2. ) LDE ALUMINIUM INDUSTRIES SDN BHD 3. ) BEST VISION SCREEN SDN BHD 4. ) LEXUS WINDOW SDN BHD PENGHUTANG PENGHAKIMAN TAN PECK KEE
- Citation
- PA-29NCC-856-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-29NCC-856-11/2020 (Mahkamah Tinggi)
The petitioning creditors failed to obtain the mandatory leave under s.5(3)(b) because the contract operated as a guarantee and the debtor was a guarantor other than a social guarantor; additionally the substituted service order required a seven-day deeming period so the act of bankruptcy occurred after the petition was presented, rendering the creditor's petition premature; accordingly both the bankruptcy notice and the creditor's petition were invalid and must be set aside.