PEMIUTANG PENGHAKIMAN MAYBANK ISLAMIC BERHAD PENGHUTANG PENGHAKIMAN TAN MIN CHOONG

PEMIUTANG PENGHAKIMAN MAYBANK ISLAMIC BERHAD PENGHUTANG PENGHAKIMAN TAN MIN CHOONG

The application to set aside the bankruptcy notice was dismissed because the judgment debt and interest claimed in the notice were properly quantified in accordance with the final High Court Judgment and contractual terms, the debtor failed to comply with s3(2)(ii) by not lodging a timely written dispute of the...

Source-derived case information.

Citation
WA-29NCC-1047-10/2021 (Mahkamah Tinggi)
Parties
Judgment Creditor: Maybank Islamic Berhad; Judgment Debtor: Tan Min Choong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 March 2022
Case Number
WA-29NCC-1047-10/2021 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (application to Set Aside Bankruptcy Notice) / Summons in Chambers (hearing/decision)
Outcome
Application dismissed with costs.
Legal Topics
Bankruptcy Notice, Judgment Debt, Interest Calculation, Service of Process, Exhaustion of Remedies, Setting Aside
Bankruptcy Insolvency Civil Procedure Banking Contract Bankruptcy Notice Judgment Debt Interest Calculation +3 more

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Parties

Maybank Islamic Berhad

Judgment Creditor

Tan Min Choong

Judgment Debtor

Procedural Posture

Bankruptcy (application to Set Aside Bankruptcy Notice) / Summons in Chambers (hearing/decision)

Legal Issues

  1. 1 Whether the amount of debt in the bankruptcy notice is wrong/excessive and warranting setting aside
  2. 2 Whether late payment charges and calculation are incorrect rendering the bankruptcy notice invalid
  3. 3 Whether the judgment creditor exhausted other modes of execution against the principal debtor before issuing bankruptcy proceedings against the guarantor

Ratio Decidendi

The application to set aside the bankruptcy notice was dismissed because the judgment debt and interest claimed in the notice were properly quantified in accordance with the final High Court Judgment and contractual terms, the debtor failed to comply with s3(2)(ii) by not lodging a timely written dispute of the amount claimed within the prescribed period (thus cannot invalidate the BN), and the creditor had complied with the leave and exhaustion requirements under s5 of the Insolvency Act 1967.

Court Disposition

Application dismissed with costs.

Orders

  • Application in Encl. 6 to set aside the bankruptcy notice dismissed with costs.