29 Apr 2019
Lembaga Kumpulan Wang Simpanan Pekerja Edwin Cassian a/l Nagappan @ Marie
- Citation
- W-03(IM)(NCC)-97-08/2018 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-03(IM)(NCC)-97-08/2018 (Mahkamah Rayuan)
Because the consent judgment did not record 'jointly and severally' the court must enforce the judgment as written; statutory joint and several liability under s46 EPF Act 1991 cannot be imported into a consent judgment that omits those words; therefore the Bankruptcy Notice and Creditor's Petition premised on enforcing the whole sum against the 2nd defendant were defective and were correctly set aside; the Court of Appeal affirmed the High Court and dismissed the appeal with costs.