Kho Zen Qi for the Appellant/Judgment Debtor [Messrs Ng, Gan & Partners] SY Liew and Hee Hui Ting for the Respondent/Judgment Creditor [Messrs Shearn Delamore & Co.]

Kho Zen Qi for the Appellant/Judgment Debtor [Messrs Ng, Gan & Partners] SY Liew and Hee Hui Ting for the Respondent/Judgment Creditor [Messrs Shearn Delamore & Co.]

The appeal was dismissed because the judgment debtor failed to comply with s.3(1)(i) Insolvency Act 1967 and related authorities by not quantifying or particularising a genuine counterclaim in affidavit evidence or showing it could not have been raised in the original proceedings; the Canadian Orders had been validly registered in Malaysia and remained unsatisfied, therefore the Bankruptcy Notice was valid and the judgment debtor committed an act of bankruptcy.

Citation
DALAM PERKARA KEBANKRAPAN NO. WA-29NCC-739-03/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: Lim Siew Eng; Judgment Creditor: The University of British Columbia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 July 2021
Case Number
DALAM PERKARA KEBANKRAPAN NO. WA-29NCC-739-03/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (insolvency Act 1967) / Appeal Against Senior Assistant Registrar's Dismissal of Application to Set Aside Bankruptcy Notice
Outcome
Appeal dismissed; decision of Senior Assistant Registrar dated 13.1.2021 affirmed
Legal Topics
Bankruptcy Notice, Counterclaim as Defence to Bankruptcy Notice, Recognition and Registration of Foreign Judgments, Setting Aside Bankruptcy Notice, Act of Bankruptcy
Source Language
Malay/English
Bankruptcy Enforcement of Foreign Judgment Probate and Estate Administration Civil Procedure Bankruptcy Notice Counterclaim as Defence to Bankruptcy Notice Recognition and Registration of Foreign Judgments Setting Aside Bankruptcy Notice +1 more

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Parties

Lim Siew Eng

Judgment Debtor

The University of British Columbia

Judgment Creditor

Procedural Posture

Bankruptcy (insolvency Act 1967) / Appeal Against Senior Assistant Registrar's Dismissal of Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the judgment debtor had a quantifiable counterclaim, set off or cross demand sufficient to satisfy s.3(1)(i) Insolvency Act 1967
  2. 2 Whether the Bankruptcy Notice was valid and an act of bankruptcy was committed
  3. 3 Whether Canadian orders registered in Malaysia (Malaysian Order) could be impeached or looked behind

Ratio Decidendi

The appeal was dismissed because the judgment debtor failed to comply with s.3(1)(i) Insolvency Act 1967 and related authorities by not quantifying or particularising a genuine counterclaim in affidavit evidence or showing it could not have been raised in the original proceedings; the Canadian Orders had been validly registered in Malaysia and remained unsatisfied, therefore the Bankruptcy Notice was valid and the judgment debtor committed an act of bankruptcy.

Court Disposition

Appeal dismissed; decision of Senior Assistant Registrar dated 13.1.2021 affirmed

Orders

  • Appeal dismissed
  • Decision of the Senior Assistant Registrar dated 13.1.2021 affirmed