25 Nov 2020
PENGHUTANG PENGHAKIMAN 1. ) Mohd Emir Feizal bin Mohammad Fakhrunnasri for the Judgment Creditor [Messrs Rajes Hisham Rahim & Gopal] 2. ) Bong Lep Siong for the Judgment Debtors [Messrs Cheah Teh & Su]
- Citation
- KEBANKRAPAN NO.WA-29NCC-(3982 & 3983)-12/2019 (Mahkamah Tinggi)
- Court
- 3982 & 3983
- Case number
- KEBANKRAPAN NO.WA-29NCC-(3982 & 3983)-12/2019 (Mahkamah Tinggi)
The court held the bankruptcy notices were not misleading and complied with the Damages Order and related orders; the amounts were ascertainable from the notices so the debtors were not required to make further calculations or enquiries; any understatement or formal defect (notably in interest calculation) was curable under s.131 Insolvency Act; the affidavits in opposition did not disclose the required counterclaim/set-off under s.3(1)(i) and rule 93 and therefore could not set aside the notices; prior leave under O.46 r.2 was not required in the circumstances. Consequently the appeals again…