PEMIUTANG PENGHAKIMAN 1. ) Saling Bin Lau Bee Chiang 2. ) KAMIL BIN JANTAN 3. ) NORLIAH BINTI SALLEH 4. ) ANTOI BIN MABOT 5. ) MOHD NOR KAMISAN BIN WAHAB 6. ) TAN BIN JANTAN 7. ) SOOI TEE TOOTOI 8. ) SABTU BIN BATIN SALLEH 9. ) ISMAIL BIN J

PEMIUTANG PENGHAKIMAN 1. ) Saling Bin Lau Bee Chiang 2. ) KAMIL BIN JANTAN 3. ) NORLIAH BINTI SALLEH 4. ) ANTOI BIN MABOT 5. ) MOHD NOR KAMISAN BIN WAHAB 6. ) TAN BIN JANTAN 7. ) SOOI TEE TOOTOI 8. ) SABTU BIN BATIN SALLEH 9. ) ISMAIL BIN J

The bankruptcy notice dated 9.3.2022 was null and void ab initio because the 26 judgment creditors were not the persons entitled to enforce the Court of Appeal order (the RHB Trustee/Trust Fund held that right), the notice did not conform to the terms of the COA order, and the creditors failed to obtain mandatory leave required to issue bankruptcy proceedings against a partner not separately served; therefore the notice is set aside.

Citation
WA-29NCC-306-03/2022 (Mahkamah Tinggi)
Parties
Judgment Creditors: Saling Bin Lau Bee Chiang & 25 Others; Judgment Debtor: Dinesh Kanavaji a/l Kanawagi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 August 2022
Case Number
WA-29NCC-306-03/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Application to Set Aside Bankruptcy Notice / Summons in Chambers Application to Set Aside Bankruptcy Notice Dated 9.3.2022
Outcome
Application allowed in part; bankruptcy notice dated 9.3.2022 set aside
Legal Topics
Bankruptcy Notice, Leave to Commence Bankruptcy Proceedings, Assignment of Debt, Enforcement of Judgment, Service of Process
Source Language
Malay/English
Bankruptcy Law Civil Procedure Trusts Partnership Law Insolvency Rules Bankruptcy Notice Leave to Commence Bankruptcy Proceedings Assignment of Debt +2 more

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Parties

Saling Bin Lau Bee Chiang & 25 Others

Judgment Creditors

Dinesh Kanavaji a/l Kanawagi

Judgment Debtor

Procedural Posture

Bankruptcy Application to Set Aside Bankruptcy Notice / Summons in Chambers Application to Set Aside Bankruptcy Notice Dated 9.3.2022

Legal Issues

  1. 1 Whether the 26 judgment creditors were entitled to apply for issuance of the bankruptcy notice
  2. 2 Whether leave of court was required before issuing a bankruptcy notice against a partner not separately served

Ratio Decidendi

The bankruptcy notice dated 9.3.2022 was null and void ab initio because the 26 judgment creditors were not the persons entitled to enforce the Court of Appeal order (the RHB Trustee/Trust Fund held that right), the notice did not conform to the terms of the COA order, and the creditors failed to obtain mandatory leave required to issue bankruptcy proceedings against a partner not separately served; therefore the notice is set aside.

Court Disposition

Application allowed in part; bankruptcy notice dated 9.3.2022 set aside

Orders

  • Bankruptcy notice dated 9.3.2022 is set aside
  • No order as to costs