23 Sept 2022
PEMIUTANG PENGHAKIMAN Lua Ai Siew and Soong Ru Hui (chambering student) for the Judgment Creditors/Respondent [Messrs Soo Thien Ming & Nashrah] PENGHUTANG PENGHAKIMAN Datuk Wong Rhen Yen, Emily Wong and Jasneeta Bhullar for the Judgment Deb
- Citation
- KEBANKRAPAN NO. WA-29NCC-40-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KEBANKRAPAN NO. WA-29NCC-40-01/2021 (Mahkamah Tinggi)
Section 5(3) of the Insolvency Act 1967 requires petitioning creditors to obtain leave of the court before issuing a Bankruptcy Notice initiating bankruptcy proceedings against a guarantor; the BN in this case was therefore prematurely issued and prejudicial to the debtor; leave was not properly obtained prior to issuance and the petitioners had effectively exhausted enforcement remedies against the principal debtor by reason of its winding up, so the Deputy Registrar's grant of leave was set aside (Appeal in Enclosure 46 allowed).