PEMIUTANG PENGHAKIMAN LOK SENG PENGHUTANG PENGHAKIMAN ZULKIFLI BIN ABDUL LATIFF

PEMIUTANG PENGHAKIMAN LOK SENG PENGHUTANG PENGHAKIMAN ZULKIFLI BIN ABDUL LATIFF

The court held that the judgment debtor is the Second Maker under the promissory note and not a guarantor; consequently the judgment creditor was entitled to issue the bankruptcy notice without first obtaining leave under sections 5(3)(b), (4), (5) and (6) of the Insolvency Act 1967. The application to set aside the bankruptcy notice was dismissed with costs subject to allocatur.

Citation
WA-29NCC-298-03/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor: Lok Seng; Judgment Debtor: Zulkifli bin Abdul Latiff
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2022
Case Number
WA-29NCC-298-03/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Application to Set Aside Bankruptcy Notice (summons in Chambers)
Outcome
Application dismissed with costs subject to allocatur
Legal Topics
Bankruptcy Notice, Guarantor Vs Maker, Promissory Note, Escrow Cheques, Leave of Court Under Insolvency Act S5(3)(b)
Source Language
Malay/English
Insolvency Contract Bills of Exchange Civil Procedure Statutory Interpretation Bankruptcy Notice Guarantor Vs Maker Promissory Note +2 more

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Parties

Lok Seng

Judgment Creditor

Zulkifli bin Abdul Latiff

Judgment Debtor

Procedural Posture

Bankruptcy / Application to Set Aside Bankruptcy Notice (summons in Chambers)

Legal Issues

  1. 1 Whether the judgment debtor is a guarantor or a maker under the promissory note
  2. 2 Whether the judgment creditor was required to obtain leave of court under sections 5(3)(b), (4), (5) and (6) of the Insolvency Act 1967 before issuing the bankruptcy notice

Ratio Decidendi

The court held that the judgment debtor is the Second Maker under the promissory note and not a guarantor; consequently the judgment creditor was entitled to issue the bankruptcy notice without first obtaining leave under sections 5(3)(b), (4), (5) and (6) of the Insolvency Act 1967. The application to set aside the bankruptcy notice was dismissed with costs subject to allocatur.

Court Disposition

Application dismissed with costs subject to allocatur

Orders

  • Application in Encl. 10 dismissed with costs subject to allocatur
  • Bankruptcy Notice dated 8.3.2022 to remain effective