PEMIUTANG PENGHAKIMAN EWE SAW LEE PENGHUTANG PENGHAKIMAN DATO' SRI ANDREW KAM TAI YEOW

PEMIUTANG PENGHAKIMAN EWE SAW LEE PENGHUTANG PENGHAKIMAN DATO' SRI ANDREW KAM TAI YEOW

Encl 72 was served less than eight working days before the scheduled CP hearing, in direct breach of mandatory Rule 19; its eleventh‑hour filing was a deliberate tactic to delay the CP and amounted to an abuse of process; therefore the Deputy Registrar erred in adjourning the CP on 21.5.2025 (Encl 86 allowed) and was correct to dismiss Encl 72 on 3.7.2025 (Encl 99 dismissed).

Citation
WA-29NCC-45-01/2024 (Mahkamah Tinggi)
Parties
Judgment Debtor: DATO' SRI ANDREW KAM TAI YEOW; Judgment Creditor: EWE SAW LEE
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2025
Case Number
WA-29NCC-45-01/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (creditor's Petition) / Hearing of Creditor's Petition; Interlocutory Appeals Against Adjournment and Dismissal of Application to Set Aside the Petition
Outcome
Appeal in Encl 86 allowed; appeal in Encl 99 dismissed.
Legal Topics
Service Rules for Applications, Rule 19 Insolvency Rules 2017, Abuse of Process, Adjournment, Interlocutory Applications, Bankruptcy Notice, Delay Tactics
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Commercial Law Service Rules for Applications Rule 19 Insolvency Rules 2017 Abuse of Process Adjournment +3 more

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Parties

DATO' SRI ANDREW KAM TAI YEOW

Judgment Debtor

EWE SAW LEE

Judgment Creditor

Procedural Posture

Bankruptcy (creditor's Petition) / Hearing of Creditor's Petition; Interlocutory Appeals Against Adjournment and Dismissal of Application to Set Aside the Petition

Legal Issues

  1. 1 Whether service of Encl 72 less than eight working days before the CP hearing breached Rule 19
  2. 2 Whether the late filing and service of Encl 72 amounted to an abuse of process designed to delay the creditor's petition
  3. 3 Whether the Deputy Registrar erred in adjourning the CP on 21.5.2025 because of Encl 72

Ratio Decidendi

Encl 72 was served less than eight working days before the scheduled CP hearing, in direct breach of mandatory Rule 19; its eleventh‑hour filing was a deliberate tactic to delay the CP and amounted to an abuse of process; therefore the Deputy Registrar erred in adjourning the CP on 21.5.2025 (Encl 86 allowed) and was correct to dismiss Encl 72 on 3.7.2025 (Encl 99 dismissed).

Court Disposition

Appeal in Encl 86 allowed; appeal in Encl 99 dismissed.

Orders

  • Encl 86 allowed; adjournment of the CP on 21.5.2025 was wrongful; costs awarded to Judgment Creditor RM1,500.00.
  • Encl 99 dismissed; costs awarded to Judgment Creditor RM5,000.00.