PEMIUTANG PENGHAKIMAN Universiti Sains Malaysia (USM) PENGHUTANG PENGHAKIMAN Mohamad Zamzuri Bin Munawar Hussain

PEMIUTANG PENGHAKIMAN Universiti Sains Malaysia (USM) PENGHUTANG PENGHAKIMAN Mohamad Zamzuri Bin Munawar Hussain

After reviewing the petition, affidavits, registrar's reasons and parties' submissions, the High Court found no appealable error: service and substituted service were properly effected, the default judgment underlying the petition was valid and un-set aside, the claimed sum was properly computed, and therefore the Assistant Registrar's bankruptcy order of 21/1/2021 was legal and regular; the appeal was dismissed with costs RM2,000.00.

Citation
KA-29NCC-1076-10/2018 (Mahkamah Tinggi)
Parties
Judgment Debtor / Appellant: Mohamad Zamzuri bin Munawar Hussain; Judgment Creditor / Respondent: Universiti Sains Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 April 2022
Case Number
KA-29NCC-1076-10/2018 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (insolvency) / Appeal to High Court (rehearing of Registrar's Bankruptcy Order)
Outcome
Appeal dismissed; bankruptcy order affirmed.
Legal Topics
Appeal From Registrar (rehearing), Service and Substituted Service, Default Judgment, Validity of Bankruptcy Petition, Costs
Source Language
Malay/English
Insolvency/bankruptcy Civil Procedure Enforcement of Judgment Appeal From Registrar (rehearing) Service and Substituted Service Default Judgment Validity of Bankruptcy Petition Costs

Case Brief

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Parties

Mohamad Zamzuri bin Munawar Hussain

Judgment Debtor / Appellant

Universiti Sains Malaysia

Judgment Creditor / Respondent

Procedural Posture

Bankruptcy (insolvency) / Appeal to High Court (rehearing of Registrar's Bankruptcy Order)

Legal Issues

  1. 1 Whether the bankruptcy order made by the Assistant Registrar on 21/1/2021 was valid and regular
  2. 2 Whether the creditor properly effected service and complied with Insolvency rules and statutes
  3. 3 Whether the underlying default judgment and claimed debt were valid and enforceable

Ratio Decidendi

After reviewing the petition, affidavits, registrar's reasons and parties' submissions, the High Court found no appealable error: service and substituted service were properly effected, the default judgment underlying the petition was valid and un-set aside, the claimed sum was properly computed, and therefore the Assistant Registrar's bankruptcy order of 21/1/2021 was legal and regular; the appeal was dismissed with costs RM2,000.00.

Court Disposition

Appeal dismissed; bankruptcy order affirmed.

Orders

  • Appeal dismissed
  • Bankruptcy order of 21/1/2021 affirmed