PEMIUTANG PENGHAKIMAN Bank Muamalat Malaysia Berhad [No. Syarikat: 6175-W] PENGHUTANG PENGHAKIMAN Amirul Syamil bin Mohamad Nizami [No. K/P: 941127-03-6479]

PEMIUTANG PENGHAKIMAN Bank Muamalat Malaysia Berhad [No. Syarikat: 6175-W] PENGHUTANG PENGHAKIMAN Amirul Syamil bin Mohamad Nizami [No. K/P: 941127-03-6479]

The court held the bankruptcy notice quantified the amount in accordance with the terms of the judgment and Insolvency Act s.3(1); the debtor failed to produce a detailed counter-calculation or counterclaim to displace the creditor's computation; and because the judgment arose from a partnership the creditor was entitled to pursue any partner for the full judgment sum. The appeal was dismissed with costs.

Citation
DA-29NCC-212-05/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: Amirul Syamil bin Mohamad Nizami; Judgment Creditor: Bank Muamalat Malaysia Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 September 2021
Case Number
DA-29NCC-212-05/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (insolvency) / Appeal to High Court Judge in Chambers Under a 56(k)(1) Rules of Court 2012 (rehearing)
Outcome
Appeal dismissed; bankruptcy notice maintained.
Legal Topics
Bankruptcy Notice Validity, Calculation of Interest/compensation (ta'widh), Joint and Several Liability of Partners, Enforcement of Judgment
Source Language
Malay/English
Insolvency Bankruptcy Partnership Civil Procedure Bankruptcy Notice Validity Calculation of Interest/compensation (ta'widh) Joint and Several Liability of Partners Enforcement of Judgment

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Parties

Amirul Syamil bin Mohamad Nizami

Judgment Debtor

Bank Muamalat Malaysia Berhad

Judgment Creditor

Procedural Posture

Bankruptcy (insolvency) / Appeal to High Court Judge in Chambers Under a 56(k)(1) Rules of Court 2012 (rehearing)

Legal Issues

  1. 1 Whether the bankruptcy notice amount complied with the terms of the judgment and s.3(1) Insolvency Act 1967 (quantified sum requirement)
  2. 2 Whether the creditor's demand exceeded the debtor's actual liability and whether liability should be apportioned among partners (joint/ several)

Ratio Decidendi

The court held the bankruptcy notice quantified the amount in accordance with the terms of the judgment and Insolvency Act s.3(1); the debtor failed to produce a detailed counter-calculation or counterclaim to displace the creditor's computation; and because the judgment arose from a partnership the creditor was entitled to pursue any partner for the full judgment sum. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed; bankruptcy notice maintained.

Orders

  • Appeal dismissed
  • Costs to judgment creditor RM5,000.00 subject to taxation (fi alokatur)