3 Feb 2022
Azzahra Binti Roslee for the Appellant/Judgment Creditor [Messrs Yeoh Mazlina & Partners] Dinesh Kanavaji and Mellissa Ram for the Respondent/Judgment Debtor [Messrs Melissa Ram]
- Citation
- BANKRUPTCY NO. WA-29NCC-66-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BANKRUPTCY NO. WA-29NCC-66-01/2020 (Mahkamah Tinggi)
Court granted extension of time because the MCO constituted a special circumstance preventing the debtor from acting within seven days; on the evidence and on balance of probabilities the hire-purchase agreement was revived by mutual conduct and accepted payments, thereby superseding and varying the original 2014 judgment so non-compliance could not constitute an act of bankruptcy; the interest claimed was inaccurate and excessive; accordingly the creditor's appeal was dismissed and costs awarded to the debtor.