PEMIUTANG PENGHAKIMAN EWE SAW LEE PENGHUTANG PENGHAKIMAN DATO' SRI ANDREW KAM TAI YEOW

PEMIUTANG PENGHAKIMAN EWE SAW LEE PENGHUTANG PENGHAKIMAN DATO' SRI ANDREW KAM TAI YEOW

Encl 72 was served less than eight working days before the scheduled hearing and therefore contravened mandatory Rule 19; the timing and pattern of last-minute applications evidenced an abuse of process calculated to delay the creditor's petition. The Deputy Registrar erred in adjourning the hearing on 21.5.2025 on account of Encl 72 (appeal Encl 86 allowed). The Deputy Registrar was correct to dismiss Encl 72 on 3.7.2025 (appeal Encl 99 dismissed).

Citation
WA-29NCC-45-01/2024 (Mahkamah Tinggi)
Parties
Judgment Debtor: Dato' Sri Andrew Kam Tai Yeow; Judgment Creditor: Ewe Saw Lee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2025
Case Number
WA-29NCC-45-01/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Creditor's Petition / Interlocutory Appeals From Deputy Registrar; Appeal and Case Management
Outcome
Appeal in Encl 86 allowed; adjournment on 21.5.2025 was wrongful. Appeal in Encl 99 dismissed; dismissal of Encl 72 upheld.
Legal Topics
Creditors' Petition, Adjournment, Abuse of Process, Service Requirements (rule 19), Costs
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Creditors' Petition Adjournment Abuse of Process Service Requirements (rule 19) Costs

Case Brief

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Parties

Dato' Sri Andrew Kam Tai Yeow

Judgment Debtor

Ewe Saw Lee

Judgment Creditor

Procedural Posture

Bankruptcy Creditor's Petition / Interlocutory Appeals From Deputy Registrar; Appeal and Case Management

Legal Issues

  1. 1 Whether Enclosure 72 complied with Rule 19 (service 8 clear working days)
  2. 2 Whether the Deputy Registrar erred in adjourning the creditor's petition on account of Encl 72
  3. 3 Whether the late filing of Encl 72 constituted an abuse of process

Ratio Decidendi

Encl 72 was served less than eight working days before the scheduled hearing and therefore contravened mandatory Rule 19; the timing and pattern of last-minute applications evidenced an abuse of process calculated to delay the creditor's petition. The Deputy Registrar erred in adjourning the hearing on 21.5.2025 on account of Encl 72 (appeal Encl 86 allowed). The Deputy Registrar was correct to dismiss Encl 72 on 3.7.2025 (appeal Encl 99 dismissed).

Court Disposition

Appeal in Encl 86 allowed; adjournment on 21.5.2025 was wrongful. Appeal in Encl 99 dismissed; dismissal of Encl 72 upheld.

Orders

  • Encl 86 allowed with costs RM1,500.00
  • Encl 99 dismissed with costs RM5,000.00