PEMIUTANG PENGHAKIMAN CHEN KHAI VOON PENGHUTANG PENGHAKIMAN LIM BENG GUAN

PEMIUTANG PENGHAKIMAN CHEN KHAI VOON PENGHUTANG PENGHAKIMAN LIM BENG GUAN

The application to set aside the Bankruptcy Notice was dismissed because the Judgment Debtor did not invoke any enabling provision under the Insolvency Act or Rules, relied on an inapplicable statutory provision (section 6(4) IA), failed to tender payment or otherwise discharge the monetary debt of RM9,526,113.84 as required by the Notice, and did not properly apply for a stay of proceedings; pending appeal does not automatically invalidate or stay a Bankruptcy Notice.

Citation
WA-29NCC-749-06/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor: Chen Khai Voon; Judgment Debtor: Lim Beng Guan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 September 2022
Case Number
WA-29NCC-749-06/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Application to Set Aside Bankruptcy Notice (summons in Chambers)
Outcome
Application dismissed with costs subject to allocatur
Legal Topics
Set Aside Bankruptcy Notice, Stay of Proceedings, Act of Bankruptcy, Debtor Solvency
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Set Aside Bankruptcy Notice Stay of Proceedings Act of Bankruptcy Debtor Solvency

Case Brief

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Parties

Chen Khai Voon

Judgment Creditor

Lim Beng Guan

Judgment Debtor

Procedural Posture

Bankruptcy / Application to Set Aside Bankruptcy Notice (summons in Chambers)

Legal Issues

  1. 1 Whether the Bankruptcy Notice can be set aside
  2. 2 Whether the bankruptcy proceedings ought to be stayed

Ratio Decidendi

The application to set aside the Bankruptcy Notice was dismissed because the Judgment Debtor did not invoke any enabling provision under the Insolvency Act or Rules, relied on an inapplicable statutory provision (section 6(4) IA), failed to tender payment or otherwise discharge the monetary debt of RM9,526,113.84 as required by the Notice, and did not properly apply for a stay of proceedings; pending appeal does not automatically invalidate or stay a Bankruptcy Notice.

Court Disposition

Application dismissed with costs subject to allocatur

Orders

  • Summons in Chambers (Encl. 5) dismissed with costs subject to allocatur
  • No stay of the bankruptcy proceedings ordered