PEMIUTANG PENGHAKIMAN MAM TEGUH SDN BHD PENGHUTANG PENGHAKIMAN AZMI BIN ARIFIN

PEMIUTANG PENGHAKIMAN MAM TEGUH SDN BHD PENGHUTANG PENGHAKIMAN AZMI BIN ARIFIN

The Summons was dismissed because the debtor failed to show ability to pay the full amount stated in the Bankruptcy Notice or to make a bona fide settlement offer; a solitary unsolicited partial payment of RM9,000 did not dispel the act of bankruptcy or bar the petition and the court retains discretion under s6(3) to allow the petition despite reduction below the statutory threshold where payments are partial or not continued.

Citation
WA-29NCC-192-02/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor: MAM TEGUH SDN BHD; Judgment Debtor: AZMI BIN ARIFIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 May 2023
Case Number
WA-29NCC-192-02/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Post Decision (summons in Chambers Dismissed; Appeal Filed)
Outcome
Summons in Chambers dismissed
Legal Topics
Bankruptcy Notice, Minimum Threshold Amount, Act of Bankruptcy, Insolvency Rules R116, Section 6(3) Insolvency Act 1967, Court Discretion to Make Bankruptcy Order
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Commercial Division Practice Bankruptcy Notice Minimum Threshold Amount Act of Bankruptcy Insolvency Rules R116 +2 more

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Parties

MAM TEGUH SDN BHD

Judgment Creditor

AZMI BIN ARIFIN

Judgment Debtor

Procedural Posture

Bankruptcy / Post Decision (summons in Chambers Dismissed; Appeal Filed)

Legal Issues

  1. 1 Whether the claimed debt falls below RM100,000 threshold and prevents petition
  2. 2 Whether partial payment by debtor defeats the Creditor's Petition or the Court retains discretion to make a bankruptcy order
  3. 3 Whether the Judgment Debtor demonstrated ability to pay full debt or made a bona fide offer of settlement

Ratio Decidendi

The Summons was dismissed because the debtor failed to show ability to pay the full amount stated in the Bankruptcy Notice or to make a bona fide settlement offer; a solitary unsolicited partial payment of RM9,000 did not dispel the act of bankruptcy or bar the petition and the court retains discretion under s6(3) to allow the petition despite reduction below the statutory threshold where payments are partial or not continued.

Court Disposition

Summons in Chambers dismissed

Orders

  • Summons in Chambers in Encl. 32 is dismissed with cost of RM 1500 subject to allocator fee.
  • Notice in Enclosure 46 is dismissed