18 Sept 2023
Ong Kong Kuan 1. ) Ong Kong Beng 2. ) Ong Kong Seong
- Citation
- BA-22NCVC-497-10/2014 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCVC-497-10/2014 (Mahkamah Tinggi)
Because a bankruptcy petition was pending and by operation of section 47 the bankruptcy relates back to the act of bankruptcy, the garnishee orders (which would convert an unsecured creditor into a secured creditor over the debtor's monies) were made contrary to law and therefore must be set aside; alternatively, the ex parte application failed to disclose the pending bankruptcy, a material fact, warranting setting aside the orders.