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

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

The Company Resolution did not effect an absolute assignment under section 4(3) Civil Law Act 1956 because there was no evidence of express written notice to the debtors and the Resolution only authorised payments to the director as repayment of advances; accordingly Econwin retained locus standi and the Bankruptcy Notices were valid.

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

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Parties

Soon Bee Kuan

Judgment Debtor

Tang For Peo

Judgment Debtor

Econwin Sdn Bhd

Judgment Creditor

Procedural Posture

Bankruptcy (kebankrapan) Appeal / Appeal Against Assistant Registrar/pkp Decision Dismissing Applications to Set Aside Bankruptcy Notices; Judgment on Appeal

Legal Issues

  1. 1 Whether the Company Resolution constituted an absolute assignment of the Consent Judgment under section 4(3) Civil Law Act 1956
  2. 2 Whether express written notice of any assignment was given to the debtors as required by s4(3)
  3. 3 Whether Econwin Sdn Bhd retained locus standi to pursue bankruptcy proceedings

Ratio Decidendi

The Company Resolution did not effect an absolute assignment under section 4(3) Civil Law Act 1956 because there was no evidence of express written notice to the debtors and the Resolution only authorised payments to the director as repayment of advances; accordingly Econwin retained locus standi and the Bankruptcy Notices were valid.

Court Disposition

Appeals dismissed with costs

Orders

  • Appeals in WA-29NCC-2584-08/2019 and WA-29NCC-2585-08/2019 dismissed with costs (Judicial Commissioner Nadzarin Wok Nordin, 21 January 2021)