27 Apr 2023
PEMIUTANG PENGHAKIMAN EC PILES SDN BHD PENGHUTANG PENGHAKIMAN CHANG KIAN CHIANG
- Citation
- JA-29NCC-518-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29NCC-518-09/2022 (Mahkamah Tinggi)
The court held that the Guarantee & Indemnity executed by the judgment debtor created primary, independent liability (indemnity/principal debtor clause) and therefore sections 5(3)(b) and 5(4) of the Insolvency Act 1967, which protect pure guarantors until enforcement against the principal debtor is exhausted, did not apply. The debtor had constructive notice via valid substituted service and the omission to cite statutory provision in the intitulement did not prejudice the creditor. Accordingly the debtor's application to set aside the creditor's petition was dismissed.