PEMIUTANG PENGHAKIMAN Brandon Cheah for the Respondent/Judgment Creditor [Messrs TS Liew Nurzila & Co.] PENGHUTANG PENGHAKIMAN Calvin Khoo and Melisa Lim for the Appellant/Judgment Debtor [Messrs Calvin Khoo] LAIN-LAIN Priscilla Deng for th

PEMIUTANG PENGHAKIMAN Brandon Cheah for the Respondent/Judgment Creditor [Messrs TS Liew Nurzila & Co.] PENGHUTANG PENGHAKIMAN Calvin Khoo and Melisa Lim for the Appellant/Judgment Debtor [Messrs Calvin Khoo] LAIN-LAIN Priscilla Deng for th

Enclosure 91 was not sealed and thus not issued at the time of the hearing under Order 32 r 2; it was not a valid application before the court and was withdrawn; the Registrar therefore acted properly in hearing the Amended Creditors Petition and recording the Bankruptcy Order; the appeal is dismissed and costs awarded.

Citation
DALAM KEBANKRAPAN NO. WA-29NCC-3422-11/2019 (Mahkamah Tinggi)
Parties
Judgment Debtor: Wan Su Yi; Judgment Creditor: Kai Plato Restaurant Sdn Bhd; Official Assignee: Priscilla Deng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 January 2022
Case Number
DALAM KEBANKRAPAN NO. WA-29NCC-3422-11/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal to Judge in Chambers Against Registrar's Decision
Outcome
Appeal dismissed
Legal Topics
Sealing of Summons in Chambers, Order 32 Rule 2 Rules of Court 2012, Section 91(1) Insolvency Act 1967, Natural Justice, Abuse of Process
Source Language
Malay/English
Insolvency/bankruptcy Civil Procedure Sealing of Summons in Chambers Order 32 Rule 2 Rules of Court 2012 Section 91(1) Insolvency Act 1967 Natural Justice Abuse of Process

Case Brief

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Parties

Wan Su Yi

Judgment Debtor

Kai Plato Restaurant Sdn Bhd

Judgment Creditor

Priscilla Deng

Official Assignee

Procedural Posture

Bankruptcy / Appeal to Judge in Chambers Against Registrar's Decision

Legal Issues

  1. 1 Whether Enclosure 91 (summons in chambers) was validly issued/sealed at the time of the Amended Creditors Petition hearing
  2. 2 Whether the Registrar erred in proceeding to hear the Amended Creditors Petition despite a pending appeal at the Court of Appeal
  3. 3 Whether there was a breach of natural justice by depriving the judgment debtor of the right to be heard

Ratio Decidendi

Enclosure 91 was not sealed and thus not issued at the time of the hearing under Order 32 r 2; it was not a valid application before the court and was withdrawn; the Registrar therefore acted properly in hearing the Amended Creditors Petition and recording the Bankruptcy Order; the appeal is dismissed and costs awarded.

Court Disposition

Appeal dismissed

Orders

  • Appeal in Enclosure 97 dismissed with costs of RM2,000