6 Oct 2023
PEMIUTANG PENGHAKIMAN Standard Chartered Saadiq Berhad PENGHUTANG PENGHAKIMAN Kumaran a/l Dairyar
- Citation
- PA-29NCC-547-06/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-29NCC-547-06/2018 (Mahkamah Tinggi)
The appeal was allowed and the AO&RO set aside because, although the timing of the verifying affidavit and the hearing of the Rule 116 notice were not fatal defects, the petitioning creditor failed to file any affidavit answering material allegations raised by the debtor under Rule 116 and thus did not discharge the onus to prove the debt at the hearing; on that basis and absent res judicata, the AO&RO could not be sustained.