PEMIUTANG PENGHAKIMAN SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD PENGHUTANG PENGHAKIMAN AHMAD TAHFIZ BIN ISHAK
Catchwords
Insolvency — Bankruptcy — Leave to institute bankruptcy proceedings — s. 5(3)(b) Insolvency Act 1967 — Appeal against Registrar’s order — Scope of court’s review Guarantee — Commercial guarantee — Not a social guarantee — s. 2 Insolvency Act 1967 — Personal liability of guarantor — Joint and several obligations Insolvency — Exhaustion of execution remedies — s. 5(4) Insolvency Act 1967 — Whether creditor required to exhaust all modes listed in s. 5(6) — Futility principle — Principal debtor wound up Company insolvency — Effect of winding-up of principal debtor — Assets vesting in liquidator — Creditor precluded from further execution — Bankruptcy against guarantor proper Practice and procedure — Service — Substituted service — Delay in appointing solicitor — No procedural injustice Appeal — Registrar’s discretion — No appealable error — Appellate restraint Outcome – Appeal dismissed — Registrar’s order granting leave to commence bankruptcy proceedings affirmed
Practice Areas
Judges (1)
Case Significance
PEMIUTANG PENGHAKIMAN SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHA... is a High Court (Mahkamah Tinggi) decision dated October 21, 2025 (citation: ca-29ncc-256-09-2024). The case was decided by Mohd Radzi bin Harun.
What was the outcome of PEMIUTANG PENGHAKIMAN SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHA...?
PEMIUTANG PENGHAKIMAN SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHA... is a High Court decision dated October 21, 2025. The case was heard by Mohd Radzi bin Harun. See the full judgment for details.