PEMIUTANG PENGHAKIMAN BANK PEMBANGUNAN MALAYSIA BERHAD PENGHUTANG PENGHAKIMAN ANBANATHAN A/L SHANMUGAM

PEMIUTANG PENGHAKIMAN BANK PEMBANGUNAN MALAYSIA BERHAD PENGHUTANG PENGHAKIMAN ANBANATHAN A/L SHANMUGAM

Applying the Court of Appeal authority in Hong Leong Bank v Ong Moon Huat, the court held that a judgment creditor may obtain leave to commence bankruptcy proceedings either upon issuance of the bankruptcy notice or up to filing of the creditor's petition; consequently the appellant's contention that failure to obtain leave prior to issuance was fatal was rejected and the appeal was dismissed.

Citation
WA-29NCC-155-02/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: ANBANATHAN A/L SHANMUGAM; Judgment Creditor: BANK PEMBANGUNAN MALAYSIA BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 November 2023
Case Number
WA-29NCC-155-02/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Matter / Appeal Against Senior Assistant Registrar's Grant of Leave to Commence Bankruptcy Proceedings
Outcome
Appeal dismissed with costs
Legal Topics
Leave to Commence Bankruptcy Proceedings, Section 5(3) Insolvency Act 1967, Timing of Bankruptcy Notice, Judgment Creditor Rights, Guarantor Protection
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Company Law Guarantees Leave to Commence Bankruptcy Proceedings Section 5(3) Insolvency Act 1967 Timing of Bankruptcy Notice +2 more

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Parties

ANBANATHAN A/L SHANMUGAM

Judgment Debtor

BANK PEMBANGUNAN MALAYSIA BERHAD

Judgment Creditor

Procedural Posture

Bankruptcy Matter / Appeal Against Senior Assistant Registrar's Grant of Leave to Commence Bankruptcy Proceedings

Legal Issues

  1. 1 Whether leave under section 5(3) IA 1967 must be obtained prior to issuance of a bankruptcy notice
  2. 2 Whether failure to obtain leave prior to issuance renders the bankruptcy notice invalid
  3. 3 Whether delay or late proof of debt by the judgment creditor defeats entitlement to leave

Ratio Decidendi

Applying the Court of Appeal authority in Hong Leong Bank v Ong Moon Huat, the court held that a judgment creditor may obtain leave to commence bankruptcy proceedings either upon issuance of the bankruptcy notice or up to filing of the creditor's petition; consequently the appellant's contention that failure to obtain leave prior to issuance was fatal was rejected and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs