PEMIUTANG PENGHAKIMAN 1. ) DATUK SERI MAGLIN DENNIS DCRUZ 2. ) DATUK SUBRAYAN A/L SELLAPPAN 3. ) DATO DR LOGA BALA MOHAN A/L JAGANATHAN 4. ) DATO ELAYPPEN A/L MUTHUSAMY 5. ) DATUK MOHAN A/L A KANDASAMY 6. ) DATUK TIONG YAP CHOON 7. ) SATHIA

PEMIUTANG PENGHAKIMAN 1. ) DATUK SERI MAGLIN DENNIS DCRUZ 2. ) DATUK SUBRAYAN A/L SELLAPPAN 3. ) DATO DR LOGA BALA MOHAN A/L JAGANATHAN 4. ) DATO ELAYPPEN A/L MUTHUSAMY 5. ) DATUK MOHAN A/L A KANDASAMY 6. ) DATUK TIONG YAP CHOON 7. ) SATHIA

At the time the bankruptcy notices were issued (23.6.2022) the 30.3.2022 sealed judgment was final and enforceable; the judgment debtors failed to comply with mandatory requirements under s3(2)(ii) IA and r93 IR (no affidavit/particulars within seven days and no quantified counterclaim/set-off), therefore the bankruptcy notices were valid; the debtors are jointly and severally liable for the full judgment sum so the creditors were entitled to issue separate bankruptcy notices against each debtor; the applications to set aside the notices are dismissed with costs subject to allocatur.

Citation
WA-29NCC-759-06/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor: Datuk Seri Maglin Dennis D'Cruz & 11 Ors; Judgment Debtor: Dato Ly Kim Cheong; Judgment Debtor: Tan Sri Datuk Seri M. Kayveas; Judgment Debtor: Datuk Chandrakumanan A/L Arumugam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 October 2022
Case Number
WA-29NCC-759-06/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Proceeding Under Insolvency Act 1967 / Application Via Summons in Chambers to Set Aside Bankruptcy Notices; Heard and Dismissed at Interlocutory Stage
Outcome
Applications to set aside the bankruptcy notices dismissed with costs subject to allocatur.
Legal Topics
Final Judgment, Bankruptcy Notice (s3 Ia), Joint and Several Liability, Stay of Execution, Set Aside/invalidating Bankruptcy Notice, Procedural Compliance With Insolvency Rules
Source Language
Malay/English
Insolvency/bankruptcy Civil Procedure Enforcement of Judgments Contract Law Final Judgment Bankruptcy Notice (s3 Ia) Joint and Several Liability Stay of Execution +2 more

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Parties

Datuk Seri Maglin Dennis D'Cruz & 11 Ors

Judgment Creditor

Dato Ly Kim Cheong

Judgment Debtor

Tan Sri Datuk Seri M. Kayveas

Judgment Debtor

Datuk Chandrakumanan A/L Arumugam

Judgment Debtor

Procedural Posture

Bankruptcy Proceeding Under Insolvency Act 1967 / Application Via Summons in Chambers to Set Aside Bankruptcy Notices; Heard and Dismissed at Interlocutory Stage

Legal Issues

  1. 1 Whether the judgment dated 30.03.2022 was a final judgment within the meaning of s3(1)(i) Insolvency Act 1967
  2. 2 Whether the amounts claimed in the bankruptcy notices were excessive or incorrect and therefore the notices should be set aside
  3. 3 Whether the debtors complied with s3(2)(ii) IA and r93 IR by filing particulars/affidavit within seven days to challenge the bankruptcy notices

Ratio Decidendi

At the time the bankruptcy notices were issued (23.6.2022) the 30.3.2022 sealed judgment was final and enforceable; the judgment debtors failed to comply with mandatory requirements under s3(2)(ii) IA and r93 IR (no affidavit/particulars within seven days and no quantified counterclaim/set-off), therefore the bankruptcy notices were valid; the debtors are jointly and severally liable for the full judgment sum so the creditors were entitled to issue separate bankruptcy notices against each debtor; the applications to set aside the notices are dismissed with costs subject to allocatur.

Court Disposition

Applications to set aside the bankruptcy notices dismissed with costs subject to allocatur.

Orders

  • Applications in Encl. 5 (WA-29NCC-759-06/2022; WA-29NCC-760-06/2022; WA-29NCC-761-06/2022) dismissed
  • Bankruptcy notices dated 23.6.2022 upheld as valid