PEMIUTANG PENGHAKIMAN Kerajaan Malaysia PENGHUTANG PENGHAKIMAN SAYYID SHAH BIN ABDULLAH

PEMIUTANG PENGHAKIMAN Kerajaan Malaysia PENGHUTANG PENGHAKIMAN SAYYID SHAH BIN ABDULLAH

The court held that s.5(1)(d) of the Insolvency Act 2017 requires only that the debtor have resided in Malaysia within one year before presentation of the petition; the specific Malaysian state of residence or domicile is immaterial. Therefore the creditor's petition was properly presented and the appeals lacked 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 (commercial Division) / Appeal by Judgment Debtor Against Dismissal of Notices of Intention to Oppose and Application to Set Aside Creditor's Petition; Notices of Appeal to Judge in Chambers
Outcome
Both Notices of Appeal dismissed
Legal Topics
Presentation of Creditor's Petition, Residency and Domicile Under S.5(1)(d) Insolvency Act 2017, Interpretation of Statutory Conditions for Petition, Costs
Source Language
Malay/English
Bankruptcy Insolvency Commercial Procedure Presentation of Creditor's Petition Residency and Domicile Under S.5(1)(d) Insolvency Act 2017 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 (commercial Division) / Appeal by Judgment Debtor Against Dismissal of Notices of Intention to Oppose and Application to Set Aside Creditor's Petition; Notices of Appeal to Judge in Chambers

Legal Issues

  1. 1 Whether the creditors' petition (CP) was properly presented under s.5(1)(d) Insolvency Act 2017
  2. 2 Whether the debtor's domicile in a particular Malaysian state (Penang vs Selangor) is material to compliance with s.5(1)(d)

Ratio Decidendi

The court held that s.5(1)(d) of the Insolvency Act 2017 requires only that the debtor have resided in Malaysia within one year before presentation of the petition; the specific Malaysian state of residence or domicile is immaterial. Therefore the creditor's petition was properly presented and the appeals lacked merit.

Court Disposition

Both Notices of Appeal dismissed

Orders

  • Both appeals (Encl 229 and Encl 230) dismissed.
  • Costs of RM5000.00 awarded to the Judgment Creditor for both enclosures.