Wan Shahrizal bin Wan Ladin for the Appellant/Judgment Debtor [Messrs Wan Shahrizal, Hari & Co.] Sabarina binti Mohamed Sidek and Apparao a/l Apana for the Respondent/Judgment Creditor [Messrs Tengku Azlina, Rao, Low & Associates]

Wan Shahrizal bin Wan Ladin for the Appellant/Judgment Debtor [Messrs Wan Shahrizal, Hari & Co.] Sabarina binti Mohamed Sidek and Apparao a/l Apana for the Respondent/Judgment Creditor [Messrs Tengku Azlina, Rao, Low & Associates]

The Company Resolution did not satisfy s.4(3) Civil Law Act 1956 because there was no evidence of express written notice of assignment to the debtors and on construction of the resolution it at most authorised payment to the director rather than transferring the beneficial interest; therefore Econwin retained locus standi and the bankruptcy notices were valid; appeals dismissed with costs.

Citation
KEBANKRAPAN NO. WA-29NCC-(2584 & 2585)-08/2019 (Mahkamah Tinggi)
Parties
Appellant/judgment Debtor: Soon Bee Kuan; Appellant/judgment Debtor: Tang For Peo; Respondent/judgment Creditor: Econwin Sdn Bhd
Court
2584 & 2585
Jurisdiction
Malaysia
Judgment Date
26 January 2021
Case Number
KEBANKRAPAN NO. WA-29NCC-(2584 & 2585)-08/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal Against Decision of Penolong Kanan Pendaftar Dismissing Applications to Set Aside Bankruptcy Notices
Outcome
Appeals dismissed with costs
Legal Topics
Assignment of Debt, Section 4(3) Civil Law Act 1956, Locus Standi to Sue, Consent Judgment, Company Resolution, Notice to Debtor
Source Language
Malay/English
Bankruptcy Company Law Contract Civil Procedure Evidence Assignment of Debt Section 4(3) Civil Law Act 1956 Locus Standi to Sue +3 more

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Parties

Soon Bee Kuan

Appellant/judgment Debtor

Tang For Peo

Appellant/judgment Debtor

Econwin Sdn Bhd

Respondent/judgment Creditor

Procedural Posture

Bankruptcy / Appeal Against Decision of Penolong Kanan Pendaftar Dismissing Applications to Set Aside Bankruptcy Notices

Legal Issues

  1. 1 Whether the Company Resolution constituted an absolute assignment of the Consent Judgment debt under s.4(3) Civil Law Act 1956
  2. 2 Whether express notice of any assignment was given to the debtors
  3. 3 Whether Econwin Sdn Bhd retained locus standi to issue bankruptcy notices

Ratio Decidendi

The Company Resolution did not satisfy s.4(3) Civil Law Act 1956 because there was no evidence of express written notice of assignment to the debtors and on construction of the resolution it at most authorised payment to the director rather than transferring the beneficial interest; therefore Econwin retained locus standi and the bankruptcy notices were valid; appeals dismissed with costs.

Court Disposition

Appeals dismissed with costs

Orders

  • Appeals in WA-29NCC-2584-08/2019 and WA-29NCC-2585-08/2019 dismissed with costs
  • Findings that Econwin Sdn Bhd has locus standi to pursue the bankruptcy proceedings and the bankruptcy notices are valid