PEMIUTANG PENGHAKIMAN PAN MALAYSIAN ENTERPRISES SDN BHD PENGHUTANG PENGHAKIMAN ONG KEH KEONG

PEMIUTANG PENGHAKIMAN PAN MALAYSIAN ENTERPRISES SDN BHD PENGHUTANG PENGHAKIMAN ONG KEH KEONG

Both interlocutory appeals were dismissed because the matters and evidence relied upon could be properly raised and determined at the hearing of the Creditor's Petition, the Judgment Debtor would not be prejudiced by that course, and permitting separate interlocutory challenges in the absence of special circumstances wastes judicial resources.

Citation
WA-29NCC-2004-10/2024 (Mahkamah Tinggi)
Parties
Judgment Debtor: Ong Keh Keong; Judgment Creditor: Pan Malaysian Enterprises Sdn Bhd (In Liquidation)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 March 2026
Case Number
WA-29NCC-2004-10/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Interlocutory Appeals to Judge in Chambers; Notices of Appeal Filed to Court of Appeal
Outcome
Both appeals (Encl 43 and Encl 44) dismissed
Legal Topics
Interlocutory Applications, Striking Out, Extension of Time, Res Judicata, Creditor's Petition, Costs
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Interlocutory Applications Striking Out Extension of Time Res Judicata Creditor's Petition +1 more

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Parties

Ong Keh Keong

Judgment Debtor

Pan Malaysian Enterprises Sdn Bhd (In Liquidation)

Judgment Creditor

Procedural Posture

Bankruptcy / Interlocutory Appeals to Judge in Chambers; Notices of Appeal Filed to Court of Appeal

Legal Issues

  1. 1 Whether extension of time to file supplementary affidavits should be granted
  2. 2 Whether the application to strike out the Bankruptcy Notice should be heard separately or at the hearing of the Creditor's Petition
  3. 3 Whether evidence concerning res judicata must be admitted at interlocutory stage

Ratio Decidendi

Both interlocutory appeals were dismissed because the matters and evidence relied upon could be properly raised and determined at the hearing of the Creditor's Petition, the Judgment Debtor would not be prejudiced by that course, and permitting separate interlocutory challenges in the absence of special circumstances wastes judicial resources.

Court Disposition

Both appeals (Encl 43 and Encl 44) dismissed

Orders

  • Costs of RM7,500.00 awarded against the Judgment Debtor in respect of each of Encl 43 and Encl 44, subject to allocatur
  • Costs to be paid within 2 weeks