MISC BERHAD (dahulunya dikenali sebagai Malaysia International Shipping Corporation Berhad) v SYAHRIDZ BIN DZULKEFLI
Catchwords
Civil Procedure — Appeal — Judgment Debtor Summons — Application to set aside Judgment Debtor Summons — Execution after lapse of six years — Leave granted under Order 46 rule 2 Rules of Court 2012 — Whether subsequent challenge to Judgment Debtor Summons constituted impermissible collateral attack on subsisting leave order — Whether learned Magistrate erred in setting aside Judgment Debtor Summons. Insolvency — Discharge from bankruptcy — Certificate of discharge issued by Director General of Insolvency under section 33A Insolvency Act 1967 — Effect of discharge under section 35 Insolvency Act 1967 — Whether discharge extinguishes or nullifies pre-existing civil judgment debt — Distinction between release from provable debts and continued existence of judgment — Whether discharge automatically renders judgment unenforceable. Civil Procedure — Execution — Judgment Debtor Summons — Nature and purpose of proceedings — Whether Judgment Debtor Summons merely an inquiry into judgment debtor's means and financial ability — Whether issuance of Judgment Debtor Summons amounts to fresh action on judgment debt. Appeal — Appellate intervention — Question of law — Statutory interpretation — Whether learned Magistrate misdirected herself in interpreting sections 33A and 35 of the Insolvency Act 1967 — Appeal allowed.
Practice Areas
Judges (1)
Counsel (5)
Statutes Cited
Insolvency Act 1967 (Cap 360)
Judgment
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Read on eJudgmentSource: eJudgment (wa-11ancvc-53-11-2025)