PEMIUTANG PENGHAKIMAN Ambank (M) Berhad (dahulu dikenali sebagai AmFinance Berhad PENGHUTANG PENGHAKIMAN Liew Suat Ngoh PIHAK TERKILAN KETUA PENGARAH JABATAN INSOLVENSI MALAYSIA

PEMIUTANG PENGHAKIMAN Ambank (M) Berhad (dahulu dikenali sebagai AmFinance Berhad PENGHUTANG PENGHAKIMAN Liew Suat Ngoh PIHAK TERKILAN KETUA PENGARAH JABATAN INSOLVENSI MALAYSIA

Discharge was refused because the DGI report was incomplete and administration had not been conducted, the DGI failed to justify rejection of the creditor's proof of debt, there was prejudice to the creditor, and the bankrupt's failure to file the Statement of Affairs within the statutory period amounted to an offence/contempt under the Act authorising refusal of discharge.

Citation
WA-29PB-13-01/2023 (Mahkamah Tinggi)
Parties
Judgment Creditor: AMBANK (M) BERHAD; Judgment Debtor: LIEW SUAT NGOH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 March 2023
Case Number
WA-29PB-13-01/2023 (Mahkamah Tinggi)
Procedural Posture
Discharge Application Under Insolvency Act 1967 (post Bankruptcy) / Judgment
Outcome
Discharge application dismissed
Legal Topics
Discharge From Bankruptcy, DGI Report Adequacy, Statement of Affairs Filing Requirements, Proof of Debt Administration, Contempt/offence Under Insolvency Provisions
Source Language
Malay/English
Bankruptcy Law Insolvency Civil Procedure Discharge From Bankruptcy DGI Report Adequacy Statement of Affairs Filing Requirements Proof of Debt Administration Contempt/offence Under Insolvency Provisions

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Parties

AMBANK (M) BERHAD

Judgment Creditor

LIEW SUAT NGOH

Judgment Debtor

Procedural Posture

Discharge Application Under Insolvency Act 1967 (post Bankruptcy) / Judgment

Legal Issues

  1. 1 Whether to grant discharge under section 33 Insolvency Act 1967
  2. 2 Whether the Director General of Insolvency (DGI) report is comprehensive and admissible for decision
  3. 3 Whether failure to file Statement of Affairs within 21 days amounts to an offence/contempt warranting refusal of discharge

Ratio Decidendi

Discharge was refused because the DGI report was incomplete and administration had not been conducted, the DGI failed to justify rejection of the creditor's proof of debt, there was prejudice to the creditor, and the bankrupt's failure to file the Statement of Affairs within the statutory period amounted to an offence/contempt under the Act authorising refusal of discharge.

Court Disposition

Discharge application dismissed

Orders

  • Discharge Application dismissed with costs of RM 1,000 subject to allocator fee