PEMIUTANG PENGHAKIMAN James Culaz for the Respondent/Judgment Creditors [Messrs Culaz & Associates] PENGHUTANG PENGHAKIMAN Dato Harpal Singh Grewal and Harchanan Nair for the Appellant/ Judgment Debtor [Messrs Rabinder Budiman & Associates]

PEMIUTANG PENGHAKIMAN James Culaz for the Respondent/Judgment Creditors [Messrs Culaz & Associates] PENGHUTANG PENGHAKIMAN Dato Harpal Singh Grewal and Harchanan Nair for the Appellant/ Judgment Debtor [Messrs Rabinder Budiman & Associates]

The appeal was dismissed because the alleged cross claims/counterclaims/set offs relied on by the debtor had been tried and decided against him by prior High Court and Federal Court orders, there was no stay of those orders, and therefore the debtor did not meet the requirement under s3(1)(i) Insolvency Act 1967 to set aside the Bankruptcy Notice.

Citation
BANKRUPTCY NO. WA-29NCC-1005-06/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: Manoharan A/L Kandasamy; Judgment Creditor: Lim Kien Seng; Judgment Creditor: Pentadbir Harta Pusaka Lim Kiat Peet (si mati)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 August 2021
Case Number
BANKRUPTCY NO. WA-29NCC-1005-06/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Appeal / Appeal Against Senior Assistant Registrar's Decision Dismissing Application to Set Aside Bankruptcy Notice
Outcome
Appeal dismissed
Legal Topics
Setting Aside Bankruptcy Notice, Cross Claim/counterclaim/set Off, Enforcement of Judgments, Finality of Judgments, Compliance With Federal Court Order
Source Language
Malay/English
Insolvency Law Civil Procedure Appeal Setting Aside Bankruptcy Notice Cross Claim/counterclaim/set Off Enforcement of Judgments Finality of Judgments Compliance With Federal Court Order

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Parties

Manoharan A/L Kandasamy

Judgment Debtor

Lim Kien Seng

Judgment Creditor

Pentadbir Harta Pusaka Lim Kiat Peet (si mati)

Judgment Creditor

Procedural Posture

Bankruptcy Appeal / Appeal Against Senior Assistant Registrar's Decision Dismissing Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the judgment debtor has a bona fide cross claim/counterclaim/set off exceeding the creditor's proved debt under s3(1)(i) Insolvency Act 1967
  2. 2 Whether prior High Court and Federal Court orders have already adjudicated the alleged cross claims thereby defeating the set aside application
  3. 3 Whether there was any stay of the prior orders that would permit the bankruptcy notice to be set aside

Ratio Decidendi

The appeal was dismissed because the alleged cross claims/counterclaims/set offs relied on by the debtor had been tried and decided against him by prior High Court and Federal Court orders, there was no stay of those orders, and therefore the debtor did not meet the requirement under s3(1)(i) Insolvency Act 1967 to set aside the Bankruptcy Notice.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs in the cause