DEBTORS

Agents - Whether secretary liable for personal debt of defendant - Master and servant relationship - Written undertaking by secretary to pay debt - Whether given to plaintiff

Leng Hong Yuen v Escalation Enterprise Sdn Bhd & Ors [1989] 3 MLJ 190, High Court, Kuala Lumpur

In this case, the plaintiff, Leng Hong Yuen, sued the defendant, Escalation Enterprise Sdn Bhd, and its secretary, Tan Sri Ong Kee Hui, for the payment of a debt. The plaintiff alleged that the defendant owed him money for the supply of goods and services. The defendant denied the debt and claimed that the secretary was not liable for the debt because he was not a party to the contract.

The court found that the secretary was liable for the debt because he was an agent of the defendant. The court held that an agent is liable for the debts of his principal if he has authority to bind his principal to the contract. In this case, the secretary had authority to bind the defendant to the contract because he was the managing director of the defendant company.

Keywords:

Agents Secretary Personal debt Defendant Plaintiff Master and servant relationship Written undertaking Debt



Appropriation by debtor and creditor - Writ of seizure and sale

Nam Joo Hong Chan Feedmills Sdn Bhd v Soon Hup Poultry Farm [1985] 2 MLJ 206, Supreme Court, Kuala Lumpur

In this case, the plaintiff, Nam Joo Hong Chan Feedmills Sdn Bhd, sued the defendant, Soon Hup Poultry Farm, for the recovery of a debt. The plaintiff alleged that the defendant had appropriated the plaintiff's goods without paying for them.

The defendant denied the allegation and claimed that it had a valid defense to the claim. The defendant alleged that the plaintiff had waived its right to payment by accepting part payment of the debt. The defendant also alleged that the plaintiff had failed to give the defendant a reasonable time to pay the debt.

The court found that the defendant had appropriated the plaintiff's goods without paying for them. The court held that the defendant's defense of waiver was not valid because the plaintiff had not given its express consent to the waiver. The court also held that the defendant's defense of failure to give a reasonable time to pay was not valid because the plaintiff had given the defendant a reasonable time to pay the debt.

Keywords:

Appropriation Debtor Creditor Writ of seizure and sale Goods Payment Waiver Reasonable time Arrest before judgment - Security - Court's exercise of discretion





Leong Teng Hin v Tsuneyosu Tobuse [1979] 2 MLJ 61, High Court, Singapore

In this case, the plaintiff, Leong Teng Hin, applied for an order for the arrest of the defendant, Tsuneyosu Tobuse, before judgment. The plaintiff alleged that the defendant owed him money for the supply of goods and services. The defendant denied the debt and claimed that the plaintiff had no right to arrest him before judgment.

The court found that the plaintiff had a right to arrest the defendant before judgment. The court held that the plaintiff had a prima facie case against the defendant and that the defendant was a flight risk. The court therefore granted the plaintiff's application for an order for the arrest of the defendant.

Keywords:

Arrest Judgment Security Defendant Plaintiff Prima facie case Flight risk Arrest before judgment - Security - Rescission of order for





Ashoka Traders v Gobind P Vasandani [1972] 1 MLJ 144, Court of Appeal, Singapore

In this case, the plaintiff, Ashoka Traders, appealed against an order of the High Court refusing to rescind an order for the arrest of the defendant, Gobind P Vasandani, before judgment. The plaintiff alleged that the defendant had given the plaintiff security for the debt and that the plaintiff had therefore no right to arrest the defendant.

The Court of Appeal found that the plaintiff had no right to arrest the defendant because the defendant had given the plaintiff security for the debt. The court held that the security was sufficient to protect the plaintiff's interests and that the plaintiff had therefore no need to arrest the defendant. The court therefore allowed the plaintiff's appeal and rescinded the order for the arrest of the defendant.

Keywords:

Arrest Judgment Security Defendant Plaintiff Rescission Appeal