PEMIUTANG PENGHAKIMAN SOUTHEAST ASIA SPECIAL ASSET MANAGMENT BERHAD PENGHUTANG PENGHAKIMAN SAADIATUL BINTI IBRAHIM

PEMIUTANG PENGHAKIMAN SOUTHEAST ASIA SPECIAL ASSET MANAGMENT BERHAD PENGHUTANG PENGHAKIMAN SAADIATUL BINTI IBRAHIM

The appeal is dismissed because the issues raised are barred by res judicata and abuse of process given prior determinations, and because the Judgment Debtor failed to prove that the debts were paid in full in cash as required by section 105(1) of the Insolvency Act 1967 to justify annulment of the Adjudication and Receiving Order.

Citation
WA-29PB-1044-09/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: Saadiatul Binti Ibrahim; Judgment Creditor: Southeast Asia Special Asset Management Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 September 2023
Case Number
WA-29PB-1044-09/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy/annulment of Adjudication and Receiving Order Arising From Creditor's Petition / High Court Appeal From Senior Assistant Registrar's Dismissal of Annulment Application
Outcome
Appeal dismissed
Legal Topics
Annulment of Adjudication Order, Res Judicata / Estoppel Per Rem Judicatum, Double Financing and Security Priority, Section 105(1) Insolvency Act 1967, Abuse of Court Process, Costs
Source Language
Malay/English
Insolvency and Bankruptcy Civil Procedure Property Law Annulment of Adjudication Order Res Judicata / Estoppel Per Rem Judicatum Double Financing and Security Priority Section 105(1) Insolvency Act 1967 Abuse of Court Process +1 more

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Parties

Saadiatul Binti Ibrahim

Judgment Debtor

Southeast Asia Special Asset Management Berhad

Judgment Creditor

Procedural Posture

Bankruptcy/annulment of Adjudication and Receiving Order Arising From Creditor's Petition / High Court Appeal From Senior Assistant Registrar's Dismissal of Annulment Application

Legal Issues

  1. 1 Whether the AORO should be annulled under section 105(1) Insolvency Act 1967
  2. 2 Whether the estimated value of the secured property should be deducted from the JC's claim
  3. 3 Whether the debt should be apportioned between co-borrowers on a joint liability basis

Ratio Decidendi

The appeal is dismissed because the issues raised are barred by res judicata and abuse of process given prior determinations, and because the Judgment Debtor failed to prove that the debts were paid in full in cash as required by section 105(1) of the Insolvency Act 1967 to justify annulment of the Adjudication and Receiving Order.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Judgment Debtor to pay costs to Judgment Creditor in the sum of RM5000.00