11 Mar 2024
ONG TEONG KHOON ONG TIONG HWA
- Citation
- PA-22NCvC-43-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-43-03/2023 (Mahkamah Tinggi)
Plaintiff was an undischarged bankrupt at the time he commenced the suit and had not obtained the prior sanction of the Director General of Insolvency as required by Insolvency Act 1967 s38(1)(a); therefore he lacked capacity to maintain the action and the suit was a nullity to be struck out in limine; the preliminary objection could be entertained despite absence of prior notice because it went to jurisdiction and there was no unfair surprise.