Mohd Hakimi bin Ab Kadir for the Appellant/Judgment Debtor [Messrs Hakimi & Partners] Hapizi bin Hashim for the Respondent/Judgment Creditor [Messrs Sidek Teoh Dennis & Wong]

Mohd Hakimi bin Ab Kadir for the Appellant/Judgment Debtor [Messrs Hakimi & Partners] Hapizi bin Hashim for the Respondent/Judgment Creditor [Messrs Sidek Teoh Dennis & Wong]

The Setting Aside Affidavit, filed within seven days of service, met the procedural requirement of s3(2)(i) prima facie but the asserted counterclaim/set-off of RM10,000 was unproven and frivolous; the Bankruptcy Notice properly and correctly quantified the judgment and interest; there was no evidence of fraud, collusion or miscarriage of justice to allow the court to go behind the Judgment; the bank's set-off was valid; accordingly the appeal is dismissed and costs awarded to the respondent.

Citation
DALAM PERKARA KEBANKRAPAN NO. WA-29NCC-1925-06/2019 (Mahkamah Tinggi)
Parties
Judgment Debtor: Abdul Karim bin Ibrahim; Judgment Creditor: RHB Bank Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 March 2021
Case Number
DALAM PERKARA KEBANKRAPAN NO. WA-29NCC-1925-06/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal Against Senior Assistant Registrar Decision to Dismiss Application to Set Aside Bankruptcy Notice
Outcome
Appeal dismissed
Legal Topics
Bankruptcy Notice, Set Aside Application, Counterclaim and Set Off, Service of Process, Estoppel, Costs, Enforcement of Judgment
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Banking Law Contract Bankruptcy Notice Set Aside Application Counterclaim and Set Off +4 more

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Parties

Abdul Karim bin Ibrahim

Judgment Debtor

RHB Bank Berhad

Judgment Creditor

Procedural Posture

Bankruptcy / Appeal Against Senior Assistant Registrar Decision to Dismiss Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the Setting Aside Affidavit complied with section 3(2)(i) Insolvency Act 1967
  2. 2 Whether the court may go behind the judgment underpinning the bankruptcy notice
  3. 3 Whether the alleged counterclaim/set-off of RM10,000 is bona fide and supported by evidence

Ratio Decidendi

The Setting Aside Affidavit, filed within seven days of service, met the procedural requirement of s3(2)(i) prima facie but the asserted counterclaim/set-off of RM10,000 was unproven and frivolous; the Bankruptcy Notice properly and correctly quantified the judgment and interest; there was no evidence of fraud, collusion or miscarriage of justice to allow the court to go behind the Judgment; the bank's set-off was valid; accordingly the appeal is dismissed and costs awarded to the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay costs of RM3000 to the Respondent