PEMIUTANG PENGHAKIMAN Heap Yee Brothers Contract Farming Sdn Bhd PENGHUTANG PENGHAKIMAN Lim Cheng Fu

PEMIUTANG PENGHAKIMAN Heap Yee Brothers Contract Farming Sdn Bhd PENGHUTANG PENGHAKIMAN Lim Cheng Fu

The amendment to correct the date of the act of bankruptcy is permitted because the error was clerical, the petition was filed more than seven days after the corrected act date, there was no evidence the debtor had attempted to satisfy the judgment debt or suffered prejudice, and section 131 of the Insolvency Act 1967 allows regularisation of such formal defects; accordingly the Registrar's order allowing amendment is upheld and the appeal is dismissed.

Citation
CB-29NCC-448-11/2019 (Mahkamah Tinggi)
Parties
Penghutang Penghakiman: LIM CHENG FU; Pemiutang Penghakiman: HEAP YEE BROTHERS CONTRACT FARMING SDN BHD (207427-X)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 May 2023
Case Number
CB-29NCC-448-11/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (kebankrapan) / Appeal to Judge in Chambers Against Decision of Senior Assistant Registrar Allowing Amendment to Creditor's Petition
Outcome
Appeal dismissed. Decision of Senior Assistant Registrar allowing amendment to creditor's petition affirmed.
Legal Topics
Amendment of Petition, Formal Defect, Section 131 Insolvency Act 1967, Service and Timing of Bankruptcy Notice, Prejudice to Debtor
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Amendment of Petition Formal Defect Section 131 Insolvency Act 1967 Service and Timing of Bankruptcy Notice Prejudice to Debtor

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

LIM CHENG FU

Penghutang Penghakiman

HEAP YEE BROTHERS CONTRACT FARMING SDN BHD (207427-X)

Pemiutang Penghakiman

Procedural Posture

Bankruptcy (kebankrapan) / Appeal to Judge in Chambers Against Decision of Senior Assistant Registrar Allowing Amendment to Creditor's Petition

Legal Issues

  1. 1 Whether the creditor may amend the petition to correct the date of the act of bankruptcy
  2. 2 Whether the clerical error in the date caused substantial injustice to the debtor
  3. 3 Whether section 131 of the Insolvency Act 1967 permits correction of the error

Ratio Decidendi

The amendment to correct the date of the act of bankruptcy is permitted because the error was clerical, the petition was filed more than seven days after the corrected act date, there was no evidence the debtor had attempted to satisfy the judgment debt or suffered prejudice, and section 131 of the Insolvency Act 1967 allows regularisation of such formal defects; accordingly the Registrar's order allowing amendment is upheld and the appeal is dismissed.

Court Disposition

Appeal dismissed. Decision of Senior Assistant Registrar allowing amendment to creditor's petition affirmed.

Orders

  • Amendment to creditor's petition allowed to correct date of act of bankruptcy to 30.03.2020
  • Appeal dismissed with costs