PEMIUTANG PENGHAKIMAN MALAYAN BANKING BERHAD PENGHUTANG PENGHAKIMAN SOO CHOON LAI

PEMIUTANG PENGHAKIMAN MALAYAN BANKING BERHAD PENGHUTANG PENGHAKIMAN SOO CHOON LAI

The appeals were dismissed because there was no stay of the judgment-in-default and the bankruptcy notice and creditor's petition properly reflected compound interest as provided by the judgment-in-default; the debtor's simple-interest calculation was therefore legally incorrect.

Citation
WA-29NCC-911-08/2023 (Mahkamah Tinggi)
Parties
Judgment Debtor: SOO CHOON LAI; Judgment Creditor: MALAYAN BANKING BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 September 2025
Case Number
WA-29NCC-911-08/2023 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal Against Senior Assistant Registrar's Decision
Outcome
Notices of Appeal dismissed with costs
Legal Topics
Bankruptcy Notice, Creditor's Petition, Judgment in Default, Interest (compound Vs Simple), Setting Aside Judgment
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Banking Law Bankruptcy Notice Creditor's Petition Judgment in Default Interest (compound Vs Simple) +1 more

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Parties

SOO CHOON LAI

Judgment Debtor

MALAYAN BANKING BERHAD

Judgment Creditor

Procedural Posture

Bankruptcy / Appeal Against Senior Assistant Registrar's Decision

Legal Issues

  1. 1 Whether the bankruptcy notice and creditor's petition could be challenged due to a pending application/appeal to set aside the judgment-in-default
  2. 2 Whether interest in the bankruptcy notice and creditor's petition was improperly stated as compound rather than simple interest
  3. 3 Whether the amounts claimed in the bankruptcy notice and creditor's petition were incorrectly calculated rendering them irregular

Ratio Decidendi

The appeals were dismissed because there was no stay of the judgment-in-default and the bankruptcy notice and creditor's petition properly reflected compound interest as provided by the judgment-in-default; the debtor's simple-interest calculation was therefore legally incorrect.

Court Disposition

Notices of Appeal dismissed with costs

Orders

  • Encls 53 and 54 dismissed with costs of RM3,000 subject to allocatur