PEMIUTANG PENGHAKIMAN Chai Ko Thing and Jolyn Ch’ng Wi Fern for the Respondent/Judgment Creditor [Messrs Lee Ong & Partners (Petaling Jaya)] PENGHUTANG PENGHAKIMAN Tan Chun Ming and Fong Peng Huei for the Appellant/Judgment Debtor [Messrs J

PEMIUTANG PENGHAKIMAN Chai Ko Thing and Jolyn Ch’ng Wi Fern for the Respondent/Judgment Creditor [Messrs Lee Ong & Partners (Petaling Jaya)] PENGHUTANG PENGHAKIMAN Tan Chun Ming and Fong Peng Huei for the Appellant/Judgment Debtor [Messrs J

The substituted service applications and resulting substituted service orders were valid and complied with the applicable procedural rules; the creditor made reasonable attempts to serve; the underlying default judgment was valid and enforceable and the sums claimed were liquidated and exceeded the statutory threshold; the debtor failed to dispute the bankruptcy notice within the statutory period and thus committed an act of bankruptcy; accordingly the appeal is dismissed.

Citation
KEBANKRAPAN NO: WA-29NCC-2174-12/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: Liew Jin Hui; Judgment Creditor: Weng Meng Industries Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 March 2022
Case Number
KEBANKRAPAN NO: WA-29NCC-2174-12/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy/creditor's Petition / Appeal to Judge in Chambers Dismissed on Merits
Outcome
Appeal dismissed
Legal Topics
Service of Process, Substituted Service, Bankruptcy Notice, Creditor's Petition, Finality of Judgment, Delay and Promptitude, Set‑off/counterclaim, Unliquidated Damages
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Service of Process Substituted Service Bankruptcy Notice Creditor's Petition Finality of Judgment +3 more

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Parties

Liew Jin Hui

Judgment Debtor

Weng Meng Industries Sdn Bhd

Judgment Creditor

Procedural Posture

Bankruptcy/creditor's Petition / Appeal to Judge in Chambers Dismissed on Merits

Legal Issues

  1. 1 Whether substituted service under the applications was valid despite references to Bankruptcy Rules 1969 and Rules of Court instead of Insolvency Rules 2017
  2. 2 Whether the creditor made reasonable efforts to serve the Bankruptcy Notice and Creditor's Petition
  3. 3 Whether the Judgment relied upon was final and enforceable and whether the court can go behind that judgment

Ratio Decidendi

The substituted service applications and resulting substituted service orders were valid and complied with the applicable procedural rules; the creditor made reasonable attempts to serve; the underlying default judgment was valid and enforceable and the sums claimed were liquidated and exceeded the statutory threshold; the debtor failed to dispute the bankruptcy notice within the statutory period and thus committed an act of bankruptcy; accordingly the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs