PEMIUTANG PENGHAKIMAN YC Lee for the Judgment Creditor /Respondent [Messrs YC Lee & Associates] PENGHUTANG PENGHAKIMAN Nazrin Izzat for the Appellant /Judgment Debtor [Messrs Nazrin & Izzat]

PEMIUTANG PENGHAKIMAN YC Lee for the Judgment Creditor /Respondent [Messrs YC Lee & Associates] PENGHUTANG PENGHAKIMAN Nazrin Izzat for the Appellant /Judgment Debtor [Messrs Nazrin & Izzat]

The court held the identified defects in the BN and CP were formal and curable under section 131 Insolvency Act 1967, the AVP affirmed prior to filing did not invalidate the petition given authorities permitting such sequencing, the interest calculation in the BN complied with the Consent Judgment as covering arrears, the debtor failed to demonstrate substantial prejudice, and therefore the registrar's decision was affirmed and the appeal dismissed with costs RM1,000.

Citation
IN THE MATTER OF BANKRUPTCY NO. WA-29NCC-3649-11/2019 (Mahkamah Tinggi)
Parties
Judgment Creditor: Abdul Razak bin Senin; Judgment Debtor: Aziz Afandy bin Mohamad Arrif
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 October 2021
Case Number
IN THE MATTER OF BANKRUPTCY NO. WA-29NCC-3649-11/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal to Judge in Chambers From Registrar's Dismissal of Summons
Outcome
Appeal dismissed; decision of the Learned Registrar dated 3.5.2021 affirmed
Legal Topics
Bankruptcy Notice, Creditor's Petition, Affidavit Verifying Petition, Consent Judgment, Interest Calculation, Formal Defects and Irregularities, Section 131 Insolvency Act 1967
Source Language
Malay/English
Insolvency/bankruptcy Civil Procedure Bankruptcy Notice Creditor's Petition Affidavit Verifying Petition Consent Judgment Interest Calculation Formal Defects and Irregularities +1 more

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Parties

Abdul Razak bin Senin

Judgment Creditor

Aziz Afandy bin Mohamad Arrif

Judgment Debtor

Procedural Posture

Bankruptcy / Appeal to Judge in Chambers From Registrar's Dismissal of Summons

Legal Issues

  1. 1 Whether defects in the Bankruptcy Notice (BN) and Creditor's Petition (CP) invalidate proceedings or are curable under section 131 Insolvency Act 1967
  2. 2 Whether the Affidavit Verifying the Petition affirmed before filing the petition is valid
  3. 3 Proper basis for calculation of interest under the Consent Judgment

Ratio Decidendi

The court held the identified defects in the BN and CP were formal and curable under section 131 Insolvency Act 1967, the AVP affirmed prior to filing did not invalidate the petition given authorities permitting such sequencing, the interest calculation in the BN complied with the Consent Judgment as covering arrears, the debtor failed to demonstrate substantial prejudice, and therefore the registrar's decision was affirmed and the appeal dismissed with costs RM1,000.

Court Disposition

Appeal dismissed; decision of the Learned Registrar dated 3.5.2021 affirmed

Orders

  • Appeal dismissed and decision of the Learned Registrar dated 3.5.2021 affirmed
  • Judgment Debtor to pay nominal costs of RM1,000 to the Judgment Creditor