PEMIUTANG PENGHAKIMAN BEYOND HALLMARK SDN. BHD. PENGHUTANG PENGHAKIMAN YAHNASEGARAN S GOVINDASAMY

PEMIUTANG PENGHAKIMAN BEYOND HALLMARK SDN. BHD. PENGHUTANG PENGHAKIMAN YAHNASEGARAN S GOVINDASAMY

The SAR correctly dismissed the application because it was filed under revoked Bankruptcy Rules and was incurably defective; substantively, the delay and errors in delivery of post-dated cheques amounted to breach of the consent judgment entitling the creditor to commence bankruptcy proceedings; the bankruptcy notice remained valid despite alleged excessive sums because the debtor did not give the statutory notice disputing the amount, therefore the appeal is dismissed with costs.

Citation
WA-29NCC-836-07/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: Yahnasegaran S Govindasamy; Judgment Creditor: Beyond Hallmark Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 April 2023
Case Number
WA-29NCC-836-07/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Appeal / Appeal Against Senior Assistant Registrar's Dismissal of Application to Set Aside RTIBN and BN
Outcome
Appeal dismissed
Legal Topics
Bankruptcy Notice, Set Aside Application, Consent Judgment Enforcement, Procedural Defect in Application, Excessive Claim in Bankruptcy Notice
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Enforcement of Judgment Bankruptcy Notice Set Aside Application Consent Judgment Enforcement Procedural Defect in Application +1 more

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Parties

Yahnasegaran S Govindasamy

Judgment Debtor

Beyond Hallmark Sdn Bhd

Judgment Creditor

Procedural Posture

Bankruptcy Appeal / Appeal Against Senior Assistant Registrar's Dismissal of Application to Set Aside RTIBN and BN

Legal Issues

  1. 1 Whether the application to set aside the Request to Issue a Bankruptcy Notice and the Bankruptcy Notice should be allowed
  2. 2 Whether delay/errors in delivery of post-dated cheques constitute a fundamental breach entitling creditor to enforce consent judgment
  3. 3 Whether an excessive or incorrect amount in a bankruptcy notice invalidates the notice

Ratio Decidendi

The SAR correctly dismissed the application because it was filed under revoked Bankruptcy Rules and was incurably defective; substantively, the delay and errors in delivery of post-dated cheques amounted to breach of the consent judgment entitling the creditor to commence bankruptcy proceedings; the bankruptcy notice remained valid despite alleged excessive sums because the debtor did not give the statutory notice disputing the amount, therefore the appeal is dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Enclosure 5 dismissed
  • Appeal dismissed with costs of RM2,000.00