PEMIUTANG PENGHAKIMAN Kerajaan Malaysia PENGHUTANG PENGHAKIMAN SAYYID SHAH BIN ABDULLAH

PEMIUTANG PENGHAKIMAN Kerajaan Malaysia PENGHUTANG PENGHAKIMAN SAYYID SHAH BIN ABDULLAH

Section 5(1)(d) of the Insolvency Act 2017 requires residence in Malaysia within one year before presentation of the petition and does not require domicile in a particular State; therefore the creditor's petition was properly presented and the appeals lack merit.

Citation
WA-29NCC-80-01/2023 (Mahkamah Tinggi)
Parties
Judgment Debtor: Sayyid Shah bin Abdullah; Judgment Creditor: Government of Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 January 2026
Case Number
WA-29NCC-80-01/2023 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal (notices of Appeal Against Dismissal of Notice of Intention to Oppose and Application to Set Aside)
Outcome
Appeals dismissed
Legal Topics
Presentation of Creditor's Petition, Residency/domicile Requirement Under S.5(1)(d), Interpretation of Statutory Conditions for Petition, Costs
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Presentation of Creditor's Petition Residency/domicile Requirement Under S.5(1)(d) Interpretation of Statutory Conditions for Petition Costs

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Parties

Sayyid Shah bin Abdullah

Judgment Debtor

Government of Malaysia

Judgment Creditor

Procedural Posture

Bankruptcy / Appeal (notices of Appeal Against Dismissal of Notice of Intention to Oppose and Application to Set Aside)

Legal Issues

  1. 1 Whether the creditor's petition was properly presented
  2. 2 Whether s.5(1)(d) requires domicile in a particular State or merely residence in Malaysia within one year prior to presentation

Ratio Decidendi

Section 5(1)(d) of the Insolvency Act 2017 requires residence in Malaysia within one year before presentation of the petition and does not require domicile in a particular State; therefore the creditor's petition was properly presented and the appeals lack merit.

Court Disposition

Appeals dismissed

Orders

  • Encl 229 and Encl 230 dismissed
  • Judgment Debtor to pay costs of RM5,000