PEMIUTANG PENGHAKIMAN Kerajaan Malaysia PENGHUTANG PENGHAKIMAN ANUAR BIN ABD AZIZ

PEMIUTANG PENGHAKIMAN Kerajaan Malaysia PENGHUTANG PENGHAKIMAN ANUAR BIN ABD AZIZ

Substituted service under the valid SS Order was properly effected and regular; this Court will not go behind a perfected JID which is pending set-aside at the KLHC; however, sufficient reasons existed under s.97 IA to grant a limited stay of the bankruptcy proceedings pending disposal of the JID set-aside application.

Citation
WA-29NCC-266-03/2021 (Mahkamah Tinggi)
Parties
Judgment Creditor: Kerajaan Malaysia; Judgment Debtor: Anuar bin Abd Aziz
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 May 2022
Case Number
WA-29NCC-266-03/2021 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Chambers Applications to Set Aside Creditor's Petition and for Stay; Setting Aside of JID Pending at KLHC
Outcome
Application in Encl.33 to set aside the creditor's petition dismissed with costs; application in Encl.34 for stay allowed for a limited period until the KLHC disposes the setting aside application for the JID; creditor's petition fixed for further case management pending that disposal.
Legal Topics
Creditor's Petition, Substituted Service, Judgment in Default of Appearance, Setting Aside Judgment, Stay of Proceedings, Service of Process
Source Language
Malay/English
Insolvency/bankruptcy Tax Law Civil Procedure Creditor's Petition Substituted Service Judgment in Default of Appearance Setting Aside Judgment Stay of Proceedings +1 more

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Parties

Kerajaan Malaysia

Judgment Creditor

Anuar bin Abd Aziz

Judgment Debtor

Procedural Posture

Bankruptcy / Chambers Applications to Set Aside Creditor's Petition and for Stay; Setting Aside of JID Pending at KLHC

Legal Issues

  1. 1 Whether the creditor's petition (27.9.2021) was properly served in accordance with Insolvency Act 1967 and Insolvency Rules 2017
  2. 2 Whether the creditor's petition can be set aside because the judgment debtor did not receive the writ and statement of claim and had no knowledge of the JID dated 21.9.2020
  3. 3 Whether the debtor would be incompetent to maintain court actions if adjudged bankrupt and whether that requires setting aside the petition

Ratio Decidendi

Substituted service under the valid SS Order was properly effected and regular; this Court will not go behind a perfected JID which is pending set-aside at the KLHC; however, sufficient reasons existed under s.97 IA to grant a limited stay of the bankruptcy proceedings pending disposal of the JID set-aside application.

Court Disposition

Application in Encl.33 to set aside the creditor's petition dismissed with costs; application in Encl.34 for stay allowed for a limited period until the KLHC disposes the setting aside application for the JID; creditor's petition fixed for further case management pending that disposal.

Orders

  • Application in Encl.33 dismissed with costs to the Judgment Creditor
  • Stay of the present bankruptcy proceedings granted until the application to set aside the Judgment in Default of Appearance at the KLHC is disposed of