RAJU JAYARAMAN KERPAYA V ASSOCIATED ASIAN SECURITIES (PTE) LTD (DALAM PENYELESAIAN)

RAJU JAYARAMAN KERPAYA V ASSOCIATED ASIAN SECURITIES (PTE) LTD (DALAM PENYELESAIAN)

Non-compliance with mandatory procedural requirements of Order 67 (failure to draw and serve Form 145 order stating the period to apply to set aside, failure to serve and endorse notice of registration and to file affidavit of service) amounted to a clear and serious breach that rendered issuance of the bankruptcy notice premature and void; therefore the appeal was dismissed and the order setting aside the bankruptcy notice was confirmed.

Citation
RAJU JAYARAMAN KERPAYA V ASSOCIATED ASIAN SECURITIES (PTE) LTD (DALAM PENYELESAIAN)
Parties
Judgment Creditor (appellant): Associated Asian Securities (Pte) Ltd; Judgment Debtor (respondent): Raju Jayaraman Kerpaya
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Bankruptcy Appeal (registration of Foreign Judgment) / Appeal From Senior Assistant Registrar to Judge in Chambers
Outcome
Appeal dismissed; order of the Senior Assistant Registrar setting aside the bankruptcy notice confirmed with costs.
Legal Topics
Registration of Foreign Judgment, Reciprocal Enforcement of Judgments Act 1958, Rules of the High Court 1980 Order 67, Setting Aside Registration, Service and Affidavit of Service Requirements, Validity of Bankruptcy Notice
Source Language
en
Bankruptcy Civil Procedure Conflict of Laws Enforcement of Foreign Judgments Registration of Foreign Judgment Reciprocal Enforcement of Judgments Act 1958 Rules of the High Court 1980 Order 67 Setting Aside Registration +2 more

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Parties

Associated Asian Securities (Pte) Ltd

Judgment Creditor (appellant)

Raju Jayaraman Kerpaya

Judgment Debtor (respondent)

Procedural Posture

Bankruptcy Appeal (registration of Foreign Judgment) / Appeal From Senior Assistant Registrar to Judge in Chambers

Legal Issues

  1. 1 Whether the Singapore judgment was validly registered in Malaysia under the Reciprocal Enforcement of Judgments Act 1958 and Order 67 RHC 1980
  2. 2 Whether the mandatory procedural requirements (Form 145 order, notice of registration, endorsement and affidavit of service and prescribed waiting period) were complied with
  3. 3 Whether issuance of a bankruptcy notice before completion of the registration procedure was premature and void

Ratio Decidendi

Non-compliance with mandatory procedural requirements of Order 67 (failure to draw and serve Form 145 order stating the period to apply to set aside, failure to serve and endorse notice of registration and to file affidavit of service) amounted to a clear and serious breach that rendered issuance of the bankruptcy notice premature and void; therefore the appeal was dismissed and the order setting aside the bankruptcy notice was confirmed.

Court Disposition

Appeal dismissed; order of the Senior Assistant Registrar setting aside the bankruptcy notice confirmed with costs.

Orders

  • Appeal dismissed
  • Order of Senior Assistant Registrar dated April 17, 1997 setting aside the bankruptcy notice confirmed