BANK ISLAM MALAYSIA BERHAD GNASEGAR A/L G.VENGADASAMY

BANK ISLAM MALAYSIA BERHAD GNASEGAR A/L G.VENGADASAMY

Insolvency Rules r.284 brings the Rules of Court 2012 into play for lacunae in the Insolvency Rules; therefore Order 3 r.2(5) applies to the seven‑day computation for s3(1)(i) and excludes intervening weekly/public holidays, which pushes the act of bankruptcy date later and renders the creditor petition filed 30.05.2018 within the six‑month limit; appeal allowed.

Citation
P-03(IM)(NCC)-79-11/2020 (Mahkamah Rayuan)
Parties
Appellant / Creditor: Bank Islam Malaysia Berhad; Respondent / Debtor: Gnasegar a/l G. Vengadasamy
Court
IM
Jurisdiction
Malaysia
Judgment Date
14 October 2021
Case Number
P-03(IM)(NCC)-79-11/2020 (Mahkamah Rayuan)
Procedural Posture
Bankruptcy Appeal (civil) / Court of Appeal Decision on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Computation of Time, Act of Bankruptcy, Service by Substituted Service, Application of Rules of Court, Interaction Between Subsidiary and Principal Legislation
Source Language
Malay/English
Insolvency Bankruptcy Law Civil Procedure Statutory Interpretation Computation of Time Act of Bankruptcy Service by Substituted Service Application of Rules of Court +1 more

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Parties

Bank Islam Malaysia Berhad

Appellant / Creditor

Gnasegar a/l G. Vengadasamy

Respondent / Debtor

Procedural Posture

Bankruptcy Appeal (civil) / Court of Appeal Decision on Appeal From High Court

Legal Issues

  1. 1 Whether intervening public and weekly holidays must be excluded when computing the seven‑day period in s3(1)(i) of the Insolvency Act 1967 to determine the date of the act of bankruptcy
  2. 2 Whether Rules of Court 2012 (Order 3 r.2(5)) apply by virtue of Insolvency Rules r.284 despite general provisions in the Interpretation Act limiting excluded days to periods of six days or less

Ratio Decidendi

Insolvency Rules r.284 brings the Rules of Court 2012 into play for lacunae in the Insolvency Rules; therefore Order 3 r.2(5) applies to the seven‑day computation for s3(1)(i) and excludes intervening weekly/public holidays, which pushes the act of bankruptcy date later and renders the creditor petition filed 30.05.2018 within the six‑month limit; appeal allowed.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Costs awarded to appellant in the sum of RM10,000.00 subject to payment of allocatur