Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 131 bankruptcy act 1967

Legal area

Court

24 Oct 2025

PEMIUTANG PENGHAKIMAN MAYBANK ISLAMIC BERHAD PENGHUTANG PENGHAKIMAN Lee Kwi Chu

Citation

JA-29NCC-133-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29NCC-133-02/2025 (Mahkamah Tinggi)

The court rejected the debtor's objections and held the default judgment remained valid and enforceable as it had not been set aside; any calculation understatement was a formal defect curable by section 131 and did not cause substantial injustice especially as the proven debt exceeded the statutory threshold; the s.5(3)(b) application was regular and properly served; and once the principal company was wound up with proof of debt filed and no further execution remedies available, the creditor lawfully proceeded against the guarantor, so the petition stands.
20 Oct 2021

PEMIUTANG PENGHAKIMAN Credit Guarantee Corporation Malaysia Berhad PENGHUTANG PENGHAKIMAN Lee Hee Hong

Citation

PA-29NCC-1091-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-29NCC-1091-09/2019 (Mahkamah Tinggi)

The appeal is dismissed: the 2015 judgment authorised interest at 12.05% per annum to be calculated on a 'monthly basis' (monthly rest), which is compound interest; the bankruptcy notice used the monthly-rest formula and therefore complied with the judgment; the RM1.98 understatement of penalty interest was a formal, non-prejudicial error curable under section 131; and the earlier set-aside did not estop filing a corrected fresh notice.