Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Verifying affidavit for petition

Legal area

Court

10 Aug 2023

PEMIUTANG PENGHAKIMAN JASWINDER SINGH BAJAJ PENGHUTANG PENGHAKIMAN MURALI A/L MALIAPPAN

Citation

WA-29NCC-459-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-459-04/2022 (Mahkamah Tinggi)

The court held the petition was not obviously unsustainable and refused to strike it out: the loan was unsecured, a private caveat did not create a security interest and had been conclusively addressed at earlier proceedings (res judicata), service of the amended petition was valid and within its validity period, the affidavit verifying the petition had been served, and therefore dismissal of the strike out application was correct.
29 Apr 2022

PEMIUTANG PENGHAKIMAN Andrea Tan Soon Li for the Judgment Creditor [Messrs Peters Chambers] PENGHUTANG PENGHAKIMAN Muhammad Zahir Sanjay Bin Abdullah for the Judgment Debtor [Messrs Muhammad Zahir]

Citation

WA-29NCC-2160-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-2160-12/2020 (Mahkamah Tinggi)

The appeals are dismissed: procedurally because the Notices of Appeal failed to specify the order sought as required by Form 114 and Order 56 r1 and thus are incompetent; on the merits because the Amended CP was validly personally served on 23.7.2021 and the absence of the Affidavit Verifying the Petition did not cause substantial injustice and is cured by section 131 Insolvency Act 1967 and Rule 282 Insolvency Rules 2017, so the Deputy Registrar's decisions are affirmed.