Asril Helmi Arshad together with Nur Afiqah Bt Nordin for the Judgment Debtor/Appellant [Messrs Shahdan Anuar & Jamaludin] Kalikumari for the Judgment Debtor/Respondent [Messrs Jaffar & Menon]

Asril Helmi Arshad together with Nur Afiqah Bt Nordin for the Judgment Debtor/Appellant [Messrs Shahdan Anuar & Jamaludin] Kalikumari for the Judgment Debtor/Respondent [Messrs Jaffar & Menon]

The bankruptcy notice was validly served at the Kuala Lumpur address because the debtor had previously affirmed he no longer resided at his Melaka address and cannot now rely on that address; the applications to set aside the notice and for a stay were abusive or unsupported and therefore the appeals are dismissed and the PKP’s decision is affirmed with costs.

Citation
KEBANKRAPAN NO. WA-29NCC-17-01/2019 (Mahkamah Tinggi)
Parties
Judgment Debtor / Appellant: Yusni Bin Meon; Judgment Creditor / Respondent: Ipmuda Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 August 2020
Case Number
KEBANKRAPAN NO. WA-29NCC-17-01/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal Against Dismissal of Applications to Set Aside Bankruptcy Notice and for Stay
Outcome
Appeals dismissed; decision of the Penolong Kanan Pendaftar affirmed
Legal Topics
Service of Process, Substituted Service, Setting Aside Bankruptcy Notice, Stay of Proceedings, Abuse of Process, Costs
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Service of Process Substituted Service Setting Aside Bankruptcy Notice Stay of Proceedings Abuse of Process +1 more

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Parties

Yusni Bin Meon

Judgment Debtor / Appellant

Ipmuda Berhad

Judgment Creditor / Respondent

Procedural Posture

Bankruptcy / Appeal Against Dismissal of Applications to Set Aside Bankruptcy Notice and for Stay

Legal Issues

  1. 1 Whether the bankruptcy notice was validly served
  2. 2 Whether the bankruptcy notice should be set aside
  3. 3 Whether a stay of bankruptcy proceedings under s.97 Insolvency Act 1967 should be granted

Ratio Decidendi

The bankruptcy notice was validly served at the Kuala Lumpur address because the debtor had previously affirmed he no longer resided at his Melaka address and cannot now rely on that address; the applications to set aside the notice and for a stay were abusive or unsupported and therefore the appeals are dismissed and the PKP’s decision is affirmed with costs.

Court Disposition

Appeals dismissed; decision of the Penolong Kanan Pendaftar affirmed

Orders

  • Enclosures 82 and 83 dismissed
  • Decision of the Penolong Kanan Pendaftar reaffirmed