PEMIUTANG PENGHAKIMAN UEM LAND BERHAD PENGHUTANG PENGHAKIMAN WAN NORNAZIFAH BINTI WAN MANSOR

PEMIUTANG PENGHAKIMAN UEM LAND BERHAD PENGHUTANG PENGHAKIMAN WAN NORNAZIFAH BINTI WAN MANSOR

The court held the solicitor‑sworn affidavit was admissible because the three conditions were satisfied; an act of bankruptcy is not deemed to have occurred while an application to set aside a bankruptcy notice remains pending under Rule 93, and because the debtor's earlier set‑aside application was only disposed of on 18/10/2023 the act of bankruptcy occurred on that date, rendering the petition filed 6/7/2023 premature and therefore the petition was dismissed; costs of RM1500 awarded and the stay application became academic.

Citation
JA-29NCC-250-05/2023 (Mahkamah Tinggi)
Parties
Judgment Debtor: Wan Nornazifah binti Wan Mansor; Judgment Creditor: UEM Land Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 March 2024
Case Number
JA-29NCC-250-05/2023 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (creditor's Petition) / Interlocutory Applications to Set Aside Petition and to Stay Hearing (determination)
Outcome
Creditor's petition dated 6/7/2023 dismissed as premature and struck out
Legal Topics
Act of Bankruptcy, Bankruptcy Notice, Application to Set Aside, Premature Petition, Abuse of Process, Costs
Source Language
Malay/English
Insolvency/bankruptcy Civil Procedure Enforcement of Judgment Act of Bankruptcy Bankruptcy Notice Application to Set Aside Premature Petition Abuse of Process +1 more

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 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wan Nornazifah binti Wan Mansor

Judgment Debtor

UEM Land Berhad

Judgment Creditor

Procedural Posture

Bankruptcy (creditor's Petition) / Interlocutory Applications to Set Aside Petition and to Stay Hearing (determination)

Legal Issues

  1. 1 Whether an affidavit sworn by creditor's solicitor is admissible
  2. 2 Whether the creditor's petition filed on 6/7/2023 was premature because the act of bankruptcy had not occurred
  3. 3 Whether bankruptcy proceedings must be a last resort or constitute abuse of process

Ratio Decidendi

The court held the solicitor‑sworn affidavit was admissible because the three conditions were satisfied; an act of bankruptcy is not deemed to have occurred while an application to set aside a bankruptcy notice remains pending under Rule 93, and because the debtor's earlier set‑aside application was only disposed of on 18/10/2023 the act of bankruptcy occurred on that date, rendering the petition filed 6/7/2023 premature and therefore the petition was dismissed; costs of RM1500 awarded and the stay application became academic.

Court Disposition

Creditor's petition dated 6/7/2023 dismissed as premature and struck out

Orders

  • Petition dated 6/7/2023 is cancelled and struck out
  • Costs awarded in the sum of RM1500