PEMIUTANG PENGHAKIMAN EX-PARTE: MALAYAN BANKING BERHAD ( NO. SYARIKAT: 3813-K) PENGHUTANG PENGHAKIMAN TAN BON KIAT (NRIC: 480521-01-5685)

PEMIUTANG PENGHAKIMAN EX-PARTE: MALAYAN BANKING BERHAD ( NO. SYARIKAT: 3813-K) PENGHUTANG PENGHAKIMAN TAN BON KIAT (NRIC: 480521-01-5685)

The High Court held the creditor satisfied statutory requirements under the Insolvency Act 1967 (service, proof of debt and act of bankruptcy) and the debtor's reliance on three purported properties failed because the exhibited documents did not prove legal or beneficial ownership nor show any attempt to realise or deposit the assets as security; repeated and unmeritorious procedural challenges did not bar the making of the bankruptcy order, therefore the appeal was dismissed.

Citation
JA-29NCC-1551-09/2018 (Mahkamah Tinggi)
Parties
Judgment Debtor: Tan Bon Kiat; Judgment Creditor: Malayan Banking Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 October 2019
Case Number
JA-29NCC-1551-09/2018 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Appeal / Appeal to High Court – Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Bankruptcy Order, Bankruptcy Notice, Stay of Proceedings, Security for Judgment Debt, Service of Process, Act of Bankruptcy, Abuse of Process
Source Language
Malay/English
Insolvency/bankruptcy Civil Procedure Bankruptcy Order Bankruptcy Notice Stay of Proceedings Security for Judgment Debt Service of Process Act of Bankruptcy +1 more

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Parties

Tan Bon Kiat

Judgment Debtor

Malayan Banking Berhad

Judgment Creditor

Procedural Posture

Bankruptcy Appeal / Appeal to High Court – Judgment Delivered

Legal Issues

  1. 1 Whether statutory requirements for a bankruptcy order under the Insolvency Act 1967 were fulfilled
  2. 2 Whether the debtor's offer of three properties as security prevented the making of a bankruptcy order or established solvency
  3. 3 Whether the documents exhibited proved legal or beneficial ownership of the properties

Ratio Decidendi

The High Court held the creditor satisfied statutory requirements under the Insolvency Act 1967 (service, proof of debt and act of bankruptcy) and the debtor's reliance on three purported properties failed because the exhibited documents did not prove legal or beneficial ownership nor show any attempt to realise or deposit the assets as security; repeated and unmeritorious procedural challenges did not bar the making of the bankruptcy order, therefore the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to Judgment Creditor in the amount of MYR2,000 (subject to allocatur fees)