16 Jul 2021
PEMIUTANG PENGHAKIMAN BANK KERJASAMA RAKYAT MALAYSIA BERHAD PENGHUTANG PENGHAKIMAN MOHD SAIFUL AZUAR BIN MD ISA (NRIC NO: 791107-04-5035)
- Citation
- AA-29PB-165-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-29PB-165-08/2020 (Mahkamah Tinggi)
The appeal was allowed and the AO & RO restored because the judgment debtor failed to dispute the amount stated in the bankruptcy notice within the statutory seven-day period, thereby committing an act of bankruptcy; additionally, a consent judgment is contractual and, absent an express contrary agreement, liability of joint promisors is joint and several (supported by s44(1) Contracts Act and subsequent Federal Court authority).