17 Jul 2023
PEMIUTANG PENGHAKIMAN YUKONG DEVELOPMENT (PTE) LIMITED PENGHUTANG PENGHAKIMAN NORIZAN BINTI SALIM
- Citation
- JA-29PB-639-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29PB-639-09/2022 (Mahkamah Tinggi)
The court held that leave under s.8(1)(a) Insolvency Act 1967 must be granted because Pencelah's claim is within the scope of s.8 and the procedural irregularity of email service did not cause substantial injustice under s.131; complex factual disputes alleged by the debtor (including backdating, duress and solicitor negligence) are matters for determination at a full civil trial and do not bar the grant of leave. Therefore permission to commence the civil action was appropriate and granted, with no order on costs.