PEMIUTANG PENGHAKIMAN LEGASI SENADA SDN BHD PENGHUTANG PENGHAKIMAN MUHAMMAD ZAHIR SANJAY BIN ABDULLAH

PEMIUTANG PENGHAKIMAN LEGASI SENADA SDN BHD PENGHUTANG PENGHAKIMAN MUHAMMAD ZAHIR SANJAY BIN ABDULLAH

The appeal is dismissed because documentary evidence (email threads and case management minutes) showed the creditor's attendance and the SAR had granted an extension to file the Affidavit in Reply, the solicitor was impliedly authorised to depose the affidavit, and any alleged procedural irregularities did not cause substantial injustice and are cured by section 131 IA 1967.

Citation
WA-29NCC-1040-08/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: Muhammad Zahir Sanjay bin Abdullah; Judgment Creditor: Legasi Senada Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 September 2024
Case Number
WA-29NCC-1040-08/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal From Senior Assistant Registrar's Dismissal of Set Aside Application
Outcome
Appeal dismissed with costs
Legal Topics
Set Aside Petition, Case Management Attendance, Affidavit Authority, Procedural Irregularity, Bankruptcy Notice
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Set Aside Petition Case Management Attendance Affidavit Authority Procedural Irregularity Bankruptcy Notice

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 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Muhammad Zahir Sanjay bin Abdullah

Judgment Debtor

Legasi Senada Sdn. Bhd.

Judgment Creditor

Procedural Posture

Bankruptcy / Appeal From Senior Assistant Registrar's Dismissal of Set Aside Application

Legal Issues

  1. 1 Whether judgment creditor failed to attend case management and whether that warranted setting aside the bankruptcy petition
  2. 2 Whether the Affidavit in Reply was filed out of time and without leave
  3. 3 Whether a solicitor may depose an affidavit on behalf of a client without express written authority

Ratio Decidendi

The appeal is dismissed because documentary evidence (email threads and case management minutes) showed the creditor's attendance and the SAR had granted an extension to file the Affidavit in Reply, the solicitor was impliedly authorised to depose the affidavit, and any alleged procedural irregularities did not cause substantial injustice and are cured by section 131 IA 1967.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs