PEMIUTANG PENGHAKIMAN EX-PARTE: KUALA EXCEL SDN BHD (No. Syarikat: 357223-D) PENGHUTANG PENGHAKIMAN PERKARA: CHUA LIANG HONG (No. K/P: 490828-10-5457) (Amalan di bawah LH Chua)

PEMIUTANG PENGHAKIMAN EX-PARTE: KUALA EXCEL SDN BHD (No. Syarikat: 357223-D) PENGHUTANG PENGHAKIMAN PERKARA: CHUA LIANG HONG (No. K/P: 490828-10-5457) (Amalan di bawah LH Chua)

Non-compliance with Rule 90(1)(b) did not invalidate the bankruptcy notice because the defect was remedied by filing and service of a supplementary affidavit and was curable under Rule 282 and section 131; the overstated interest (RM684.93) was a minor calculational error curable by amendment under section 93(3) and s3(2)(ii) did not mandate invalidation where no prejudice or substantial injustice resulted; the Court declined to set aside the notice and allowed amendment, exercising discretion accordingly.

Citation
WA-29NCC-1388-04/2019 (Mahkamah Tinggi)
Parties
Judgment Debtor / Appellant: Chua Liang Hong; Judgment Creditor / Respondent: Kuala Excel Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 February 2020
Case Number
WA-29NCC-1388-04/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal From Senior Assistant Registrar's Decisions
Outcome
Both appeals dismissed with costs
Legal Topics
Validity of Bankruptcy Notice, Compliance With Insolvency Rules (rule 90), Overstated Interest and Curative Provisions (s3(2)(ii), S93(3)), Amendment of Process, Reckoning of Time
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Validity of Bankruptcy Notice Compliance With Insolvency Rules (rule 90) Overstated Interest and Curative Provisions (s3(2)(ii), S93(3)) Amendment of Process Reckoning of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Chua Liang Hong

Judgment Debtor / Appellant

Kuala Excel Sdn Bhd

Judgment Creditor / Respondent

Procedural Posture

Bankruptcy / Appeal From Senior Assistant Registrar's Decisions

Legal Issues

  1. 1 Whether non-compliance with Rule 90(1)(b) of the Insolvency Rules 2017 invalidates the bankruptcy notice
  2. 2 Whether an overstated amount of interest in the bankruptcy notice invalidates it or is curable under section 3(2)(ii) and section 93(3) of the Insolvency Act 1967
  3. 3 Whether notice disputing the amount was given within the time allowed under section 3(2)(ii)

Ratio Decidendi

Non-compliance with Rule 90(1)(b) did not invalidate the bankruptcy notice because the defect was remedied by filing and service of a supplementary affidavit and was curable under Rule 282 and section 131; the overstated interest (RM684.93) was a minor calculational error curable by amendment under section 93(3) and s3(2)(ii) did not mandate invalidation where no prejudice or substantial injustice resulted; the Court declined to set aside the notice and allowed amendment, exercising discretion accordingly.

Court Disposition

Both appeals dismissed with costs

Orders

  • Both appeals (Enclosures 25 and 41) dismissed with costs