PEMIUTANG PENGHAKIMAN Weng Meng Industries Sdn Bhd PENGHUTANG PENGHAKIMAN Liew Jin Hui

PEMIUTANG PENGHAKIMAN Weng Meng Industries Sdn Bhd PENGHUTANG PENGHAKIMAN Liew Jin Hui

The appeal is dismissed: the substituted service orders and service of the Bankruptcy Notice and Creditor's Petition were valid and regular; the default judgment is final and enforceable and the liquidated sums claimed are certain and exceed the statutory threshold; the Debtor acted with reasonable promptitude in filing its application; and by failing to give notice of a counterclaim/set off within statutory time the Debtor committed an act of bankruptcy, precluding the challenges raised to the Bankruptcy Notice.

Citation
WA-29NCC-2174-12/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: Liew Jin Hui; Judgment Creditor: Weng Meng Industries Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 March 2022
Case Number
WA-29NCC-2174-12/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Proceedings / Appeal to Judge in Chambers Against Pkp's Dismissal of Debtor's Summons to Set Aside Bankruptcy Notice and Creditor's Petition
Outcome
Appeal dismissed with costs
Legal Topics
Substituted Service, Service of Process, Bankruptcy Notice, Default Judgment Enforcement, Delay and Promptitude, Uncertainty of Judgment Amounts, Counterclaim and Set Off, Rules Compliance
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Substituted Service Service of Process Bankruptcy Notice Default Judgment Enforcement Delay and Promptitude +3 more

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Parties

Liew Jin Hui

Judgment Debtor

Weng Meng Industries Sdn Bhd

Judgment Creditor

Procedural Posture

Bankruptcy Proceedings / Appeal to Judge in Chambers Against Pkp's Dismissal of Debtor's Summons to Set Aside Bankruptcy Notice and Creditor's Petition

Legal Issues

  1. 1 Whether substituted service of the Bankruptcy Notice and Creditor's Petition was valid under the applicable rules
  2. 2 Whether service was irregular or defective for failure to make reasonable efforts
  3. 3 Whether the Debtor acted with unreasonable delay in filing application to set aside

Ratio Decidendi

The appeal is dismissed: the substituted service orders and service of the Bankruptcy Notice and Creditor's Petition were valid and regular; the default judgment is final and enforceable and the liquidated sums claimed are certain and exceed the statutory threshold; the Debtor acted with reasonable promptitude in filing its application; and by failing to give notice of a counterclaim/set off within statutory time the Debtor committed an act of bankruptcy, precluding the challenges raised to the Bankruptcy Notice.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal in enclosure 36 dismissed with costs
  • Previous dismissal of Enclosure 23 by the PKP stands (with costs RM1,000)