PEMIUTANG PENGHAKIMAN Marina Bay Sands Pte Ltd PENGHUTANG PENGHAKIMAN Tan See Meng

PEMIUTANG PENGHAKIMAN Marina Bay Sands Pte Ltd PENGHUTANG PENGHAKIMAN Tan See Meng

The appeal is dismissed because the registered Singapore judgment remained valid and enforceable under REJA, the Judgment Debtor did not first apply to set aside the registration under Section 5 REJA, and the Insolvency Court will not go behind the foreign judgment to re‑examine its merits or alleged public policy objections; consequently there was no ground to set aside the Bankruptcy Notice.

Citation
WA-29NCC-457-04/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: Tan See Meng; Judgment Creditor: Marina Bay Sands Pte. Ltd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 August 2023
Case Number
WA-29NCC-457-04/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy; Registration and Enforcement of Foreign Judgment / Appeal Against Senior Assistant Registrar's Dismissal of Application to Set Aside Bankruptcy Notice
Outcome
Appeal dismissed
Legal Topics
Setting Aside Bankruptcy Notice, Registration Under REJA, Reciprocal Enforcement of Judgments Act, Insolvency Act Section 3(1)(i), Public Policy and Gambling Based Claims
Source Language
Malay/English
Bankruptcy Law Enforcement of Foreign Judgments Insolvency Public Policy Gambling Law Setting Aside Bankruptcy Notice Registration Under REJA Reciprocal Enforcement of Judgments Act +2 more

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Parties

Tan See Meng

Judgment Debtor

Marina Bay Sands Pte. Ltd.

Judgment Creditor

Procedural Posture

Bankruptcy; Registration and Enforcement of Foreign Judgment / Appeal Against Senior Assistant Registrar's Dismissal of Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the Bankruptcy Notice should be set aside
  2. 2 Whether the court may go behind a registered foreign judgment
  3. 3 Whether a claim based on gambling activities is contrary to Malaysian public policy and invalidates enforcement

Ratio Decidendi

The appeal is dismissed because the registered Singapore judgment remained valid and enforceable under REJA, the Judgment Debtor did not first apply to set aside the registration under Section 5 REJA, and the Insolvency Court will not go behind the foreign judgment to re‑examine its merits or alleged public policy objections; consequently there was no ground to set aside the Bankruptcy Notice.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs RM2,000.00
  • Bankruptcy Notice remains in effect