Ng Chia How for the Appellant/Judgment Creditor [Messrs Chia Koay & Teng] Ambi Balakrishnan for the Respondent/Judgment Debtor [Messrs Shukor Baljit & Partners]

Ng Chia How for the Appellant/Judgment Creditor [Messrs Chia Koay & Teng] Ambi Balakrishnan for the Respondent/Judgment Debtor [Messrs Shukor Baljit & Partners]

The bankruptcy notice was defective because the underlying judgment did not specify joint and several liability for the costs; therefore the judgment debtor was only liable for one third of the RM350,000 costs and the bankruptcy notice claiming the full sum (after deductions and interest) did not comply with the judgment. The learned registrar's decision to set aside the bankruptcy notice was rightly affirmed.

Citation
BANKRUPTCY PROCEEDINGS NO. WA-29NCC-3642-11/2019 (Mahkamah Tinggi)
Parties
Judgment Creditor: Tom Ole Gysler; Judgment Debtor: Arpan bin Rapaiee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 October 2020
Case Number
BANKRUPTCY PROCEEDINGS NO. WA-29NCC-3642-11/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Proceedings / Appeal Against Decision to Set Aside Bankruptcy Notice; Judgment Delivered
Outcome
Appeal dismissed; Learned Penolong Kanan Pendaftar's order setting aside the bankruptcy notice affirmed.
Legal Topics
Bankruptcy Notice, Set Aside Bankruptcy Notice, Joint and Several Liability, Interest on Costs, Garnishment
Source Language
Malay/English
Bankruptcy Law Civil Procedure Enforcement of Judgments Bankruptcy Notice Set Aside Bankruptcy Notice Joint and Several Liability Interest on Costs Garnishment

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Parties

Tom Ole Gysler

Judgment Creditor

Arpan bin Rapaiee

Judgment Debtor

Procedural Posture

Bankruptcy Proceedings / Appeal Against Decision to Set Aside Bankruptcy Notice; Judgment Delivered

Legal Issues

  1. 1 Whether the bankruptcy notice complied with the underlying judgment
  2. 2 Whether the judgment debtor was jointly and severally liable for the costs
  3. 3 Whether interest on costs could be claimed absent express provision in the judgment

Ratio Decidendi

The bankruptcy notice was defective because the underlying judgment did not specify joint and several liability for the costs; therefore the judgment debtor was only liable for one third of the RM350,000 costs and the bankruptcy notice claiming the full sum (after deductions and interest) did not comply with the judgment. The learned registrar's decision to set aside the bankruptcy notice was rightly affirmed.

Court Disposition

Appeal dismissed; Learned Penolong Kanan Pendaftar's order setting aside the bankruptcy notice affirmed.

Orders

  • Affirmed order of 9 July 2020 setting aside the Bankruptcy Notice dated 26.11.2019
  • Dismissed enclosure 15 (appeal)