PEMIUTANG PENGHAKIMAN MALAYAN BANKING BERHAD PENGHUTANG PENGHAKIMAN Poh Yang Hong

PEMIUTANG PENGHAKIMAN MALAYAN BANKING BERHAD PENGHUTANG PENGHAKIMAN Poh Yang Hong

Because the Bankruptcy Notice was set aside and the creditor's appeal against that set-aside was dismissed, there was no live bankruptcy proceeding; therefore the SAR's earlier order granting leave to issue the Bankruptcy Notice was rendered academic and is set aside, and the debtor's appeal is allowed with costs.

Citation
WA-29NCC-373-05/2023 (Mahkamah Tinggi)
Parties
Judgment Debtor: Poh Yang Hong; Judgment Creditor: Malayan Banking Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 March 2024
Case Number
WA-29NCC-373-05/2023 (Mahkamah Tinggi)
Procedural Posture
Companies Winding Up / Appeal Against Senior Assistant Registrar's Order
Outcome
Appeal allowed
Legal Topics
Bankruptcy Notice, Set Aside, Leave to Commence Bankruptcy Proceedings, Appeal
Source Language
Malay/English
Bankruptcy Insolvency Company Law Civil Procedure Bankruptcy Notice Set Aside Leave to Commence Bankruptcy Proceedings Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Poh Yang Hong

Judgment Debtor

Malayan Banking Berhad

Judgment Creditor

Procedural Posture

Companies Winding Up / Appeal Against Senior Assistant Registrar's Order

Legal Issues

  1. 1 Whether the SAR's ex parte order granting leave to commence bankruptcy proceedings and issue a Bankruptcy Notice should stand
  2. 2 Whether a Bankruptcy Notice is rendered invalid or the related order academic once the Bankruptcy Notice is set aside
  3. 3 Whether the SAR's order should be set aside following dismissal of the creditor's appeal

Ratio Decidendi

Because the Bankruptcy Notice was set aside and the creditor's appeal against that set-aside was dismissed, there was no live bankruptcy proceeding; therefore the SAR's earlier order granting leave to issue the Bankruptcy Notice was rendered academic and is set aside, and the debtor's appeal is allowed with costs.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Order dated 04.08.2023 granting leave to commence bankruptcy proceedings and issue a Bankruptcy Notice is set aside as academic.