PEMIUTANG PENGHAKIMAN BADAN PENGURUSAN BERSAMA WISMA PUNCA EMAS PENGHUTANG PENGHAKIMAN FOO CHENG CHEONG

PEMIUTANG PENGHAKIMAN BADAN PENGURUSAN BERSAMA WISMA PUNCA EMAS PENGHUTANG PENGHAKIMAN FOO CHENG CHEONG

The appeal was dismissed because the court found the address used was the debtor's last known address, substituted service was properly ordered and executed in accordance with the court order and authorities (notably Re Yeap), the debtor demonstrated actual knowledge by promptly filing a chamber application after advertisement, and the Seremban High Court had jurisdiction; therefore there was no defect to set aside the bankruptcy petition and the Assistant Registrar's decision was upheld.

Citation
NA-29NCC-315-07/2024 (Mahkamah Tinggi)
Parties
Penghutang Penghakiman: Foo Cheng Cheong; Pemiutang Penghakiman: Badan Pengurusan Bersama Wisma Punca Emas
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 October 2025
Case Number
NA-29NCC-315-07/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (kebankrapan) / Appeal to High Court Against Assistant Registrar's Refusal of Debtor's Chamber Application
Outcome
Appeal dismissed; Assistant Registrar's decision dated 21.2.2025 upheld; costs awarded to creditor.
Legal Topics
Substituted Service, Validity of Service, Venue, Abuse of Process, Enforcement of Tribunal Award
Source Language
Malay/English
Bankruptcy Civil Procedure Service of Process Jurisdiction Substituted Service Validity of Service Venue Abuse of Process +1 more

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Parties

Foo Cheng Cheong

Penghutang Penghakiman

Badan Pengurusan Bersama Wisma Punca Emas

Pemiutang Penghakiman

Procedural Posture

Bankruptcy (kebankrapan) / Appeal to High Court Against Assistant Registrar's Refusal of Debtor's Chamber Application

Legal Issues

  1. 1 Whether service of the bankruptcy petition on the debtor was valid
  2. 2 Whether substituted service (by advertisement and posting) was properly ordered and executed
  3. 3 Whether filing the petition in the High Court at Seremban was improper for want of jurisdiction or wrong venue

Ratio Decidendi

The appeal was dismissed because the court found the address used was the debtor's last known address, substituted service was properly ordered and executed in accordance with the court order and authorities (notably Re Yeap), the debtor demonstrated actual knowledge by promptly filing a chamber application after advertisement, and the Seremban High Court had jurisdiction; therefore there was no defect to set aside the bankruptcy petition and the Assistant Registrar's decision was upheld.

Court Disposition

Appeal dismissed; Assistant Registrar's decision dated 21.2.2025 upheld; costs awarded to creditor.

Orders

  • Appeal dismissed with costs to Pemiutang Penghakiman (creditor)
  • Decision of the Assistant Registrar dated 21.2.2025 is upheld