PEMIUTANG PENGHAKIMAN Andrea Tan Soon Li for the Judgment Creditor [Messrs Peters Chambers] PENGHUTANG PENGHAKIMAN Muhammad Zahir Sanjay Bin Abdullah for the Judgment Debtor [Messrs Muhammad Zahir]

PEMIUTANG PENGHAKIMAN Andrea Tan Soon Li for the Judgment Creditor [Messrs Peters Chambers] PENGHUTANG PENGHAKIMAN Muhammad Zahir Sanjay Bin Abdullah for the Judgment Debtor [Messrs Muhammad Zahir]

The Appeals were dismissed because they failed to comply with Form 114/Order 56 by not stating the order sought, a fundamental procedural non‑compliance; on the merits, personal service of the Amended Creditor's Petition on 23.7.2021 was valid despite the absence of the verifying affidavit at that moment because the Debtor failed to show any substantial injustice caused by that defect and section 131 together with Rules 108 and 282 permit the court to uphold proceedings notwithstanding formal defects.

Citation
WA-29NCC-2160-12/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: Muhammad Zahir Sanjay bin Abdullah; Judgment Creditor: Mentari Dhuha Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 April 2022
Case Number
WA-29NCC-2160-12/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (creditor's Petition) / Appeal to Judge in Chambers Against Decisions of Deputy Registrar and Registrar
Outcome
Appeals dismissed; decisions of Deputy Registrar and Registrar affirmed; no order as to costs.
Legal Topics
Service of Process, Creditor's Petition, Substituted Service, Formal Defects, Validation of Irregular Proceedings
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Service of Process Creditor's Petition Substituted Service Formal Defects Validation of Irregular Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Muhammad Zahir Sanjay bin Abdullah

Judgment Debtor

Mentari Dhuha Sdn Bhd

Judgment Creditor

Procedural Posture

Bankruptcy (creditor's Petition) / Appeal to Judge in Chambers Against Decisions of Deputy Registrar and Registrar

Legal Issues

  1. 1 Whether the Notices of Appeal were fatally defective for failure to specify the order sought (non-compliance with Form 114/Order 56)
  2. 2 Whether the Amended Creditor's Petition was validly served despite absence of the Affidavit Verifying the Petition at initial personal service
  3. 3 Whether substituted service or subsequent attempts at service (including email) were justified or necessary

Ratio Decidendi

The Appeals were dismissed because they failed to comply with Form 114/Order 56 by not stating the order sought, a fundamental procedural non‑compliance; on the merits, personal service of the Amended Creditor's Petition on 23.7.2021 was valid despite the absence of the verifying affidavit at that moment because the Debtor failed to show any substantial injustice caused by that defect and section 131 together with Rules 108 and 282 permit the court to uphold proceedings notwithstanding formal defects.

Court Disposition

Appeals dismissed; decisions of Deputy Registrar and Registrar affirmed; no order as to costs.

Orders

  • Dismiss Enclosure 119 and affirm the Deputy Registrar's decision dated 12.1.2022 dismissing the Judgment Debtor's objection in Enclosure 46 and dismissing Enclosure 50
  • Dismiss Enclosure 120 as being of no merit