PEMIUTANG PENGHAKIMAN Hong Leong Islamic Bank Berhad PENGHUTANG PENGHAKIMAN Tambi Bin Nasirun

PEMIUTANG PENGHAKIMAN Hong Leong Islamic Bank Berhad PENGHUTANG PENGHAKIMAN Tambi Bin Nasirun

The High Court held the Amended Judgment in Default was valid and sufficiently served by certificate of posting, constituted a final judgment for the purposes of issuing a Bankruptcy Notice, the Bankruptcy Notice was validly served (including by substituted service), the debtor failed to prove payment of the debt...

Source-derived case information.

Citation
WA-29NCC-1257-04/2019 (Mahkamah Tinggi)
Parties
Judgment Debtor: Tambi Bin Nasirun; Judgment Creditor: Hong Leong Islamic Bank Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 January 2020
Case Number
WA-29NCC-1257-04/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Petition / Insolvency / Appeal From Senior Assistant Registrar (rehearing Before High Court Judge)
Outcome
Appeal allowed; decision of Senior Assistant Registrar set aside
Legal Topics
Bankruptcy Notice, Service of Judgment, Finality of Judgment, Standing Instructions, Substituted Service, Setting Aside Judgment, Fraud Allegations
Insolvency Law Bankruptcy Civil Procedure Banking Law Contract Law Bankruptcy Notice Service of Judgment Finality of Judgment +4 more

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Parties

Tambi Bin Nasirun

Judgment Debtor

Hong Leong Islamic Bank Berhad

Judgment Creditor

Procedural Posture

Bankruptcy Petition / Insolvency / Appeal From Senior Assistant Registrar (rehearing Before High Court Judge)

Legal Issues

  1. 1 Whether the Amended Judgment in Default was validly served
  2. 2 Whether the Amended JID constituted a final judgment for the purposes of issuing a Bankruptcy Notice under s.3(1) Insolvency Act 1967
  3. 3 Whether gratuity payments under standing instructions discharged the debt

Ratio Decidendi

The High Court held the Amended Judgment in Default was valid and sufficiently served by certificate of posting, constituted a final judgment for the purposes of issuing a Bankruptcy Notice, the Bankruptcy Notice was validly served (including by substituted service), the debtor failed to prove payment of the debt via standing instructions or to substantiate allegations of fraud or a counterclaim, and accordingly the creditor's appeal was allowed and the order of the Senior Assistant Registrar was set aside.

Court Disposition

Appeal allowed; decision of Senior Assistant Registrar set aside

Orders

  • Appeal allowed
  • Order setting aside the Bankruptcy Notice set aside (i.e. judgment creditor's petition reinstated)