PEMIUTANG PENGHAKIMAN Fujifilm Business Innovation Asia Pacific Pte Ltd (dahulunya dikenali sebagai Fuji Xerox Asia Pacific Pte Ltd) PENGHUTANG PENGHAKIMAN GHAPAR SHAH BIN MOHAMED (MOHD SHAH)

PEMIUTANG PENGHAKIMAN Fujifilm Business Innovation Asia Pacific Pte Ltd (dahulunya dikenali sebagai Fuji Xerox Asia Pacific Pte Ltd) PENGHUTANG PENGHAKIMAN GHAPAR SHAH BIN MOHAMED (MOHD SHAH)

Where a company has lawfully changed its name but retains the same company number and identity, the change of name does not invalidate prior judgments or a creditor's petition nor does it mislead a debtor when the intitulement discloses the former name; further affidavits in support of a creditor's petition are permissible and the JD was not prejudiced — accordingly the JD's Notice of Intention to Oppose was dismissed and the creditor's petition proceeded to be fixed for hearing.

Citation
JA-29NCC-249-07/2021 (Mahkamah Tinggi)
Parties
Creditor / Petitioner: Fujifilm Business Innovation Asia Pacific Pte Ltd (formerly Fuji Xerox Asia Pacific Pte Ltd); Judgment Debtor: Ghapar Shah bin Mohamed (Mohd Shah)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 March 2022
Case Number
JA-29NCC-249-07/2021 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (creditor's Petition) / Interlocutory — Decision on Judgment Debtor's Notice of Intention to Oppose
Outcome
Judgment Debtor's Notice of Intention to Oppose dismissed; Creditor's Petition to proceed to hearing
Legal Topics
Change of Company Name, Creditor's Petition, Notice of Intention to Oppose, Service and Admissibility of Affidavit, Act of Bankruptcy
Source Language
Malay/English
Bankruptcy Company Law Civil Procedure Change of Company Name Creditor's Petition Notice of Intention to Oppose Service and Admissibility of Affidavit Act of Bankruptcy

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Parties

Fujifilm Business Innovation Asia Pacific Pte Ltd (formerly Fuji Xerox Asia Pacific Pte Ltd)

Creditor / Petitioner

Ghapar Shah bin Mohamed (Mohd Shah)

Judgment Debtor

Procedural Posture

Bankruptcy (creditor's Petition) / Interlocutory — Decision on Judgment Debtor's Notice of Intention to Oppose

Legal Issues

  1. 1 Whether a change of company name invalidates or renders defective a creditor's petition or bankruptcy notice
  2. 2 Whether the difference in names could mislead, embarrass or perplex the Judgment Debtor
  3. 3 Whether an additional affidavit filed in support of the Creditor's Petition was permissible and whether personal service on the JD was required

Ratio Decidendi

Where a company has lawfully changed its name but retains the same company number and identity, the change of name does not invalidate prior judgments or a creditor's petition nor does it mislead a debtor when the intitulement discloses the former name; further affidavits in support of a creditor's petition are permissible and the JD was not prejudiced — accordingly the JD's Notice of Intention to Oppose was dismissed and the creditor's petition proceeded to be fixed for hearing.

Court Disposition

Judgment Debtor's Notice of Intention to Oppose dismissed; Creditor's Petition to proceed to hearing

Orders

  • Dismissal of the Judgment Debtor's Notice of Intention to Oppose the Creditor's Petition
  • Creditor's Petition fixed for hearing on 11/5/2022