Mohd Rosly bagi [Tetuan Hisham, Sobri & Kadir] Nor Habibi Talib bagi [Tetuan Mahyudin Zainal & Puteri]

Mohd Rosly bagi [Tetuan Hisham, Sobri & Kadir] Nor Habibi Talib bagi [Tetuan Mahyudin Zainal & Puteri]

The bankruptcy notices were defective and contrary to the consent judgment because the notices failed to show how the amounts claimed were quantified from the consent judgment and thus did not comply with the requirement to specify the amount due; further, the consent judgment did not impose joint and several liability so the creditor could not claim the full judgment sum against each debtor; accordingly the Deputy Registrar's orders setting aside the notices were correct and the creditor's appeal was dismissed.

Citation
DALAM KES KEBANKRAPAN: WA-29NCC-(2659&2660)-08/2019 (Mahkamah Tinggi)
Parties
Judgment Creditor / Appellant: Uda Land (South) Sdn Bhd; Judgment Debtor / Respondent: Noorzail Falilawati binti Md Nor; Judgment Debtor / Respondent: Jamal Abd Nasir bin Makhtar
Court
2659&2660
Jurisdiction
Malaysia
Judgment Date
23 September 2020
Case Number
DALAM KES KEBANKRAPAN: WA-29NCC-(2659&2660)-08/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Appeal / Appeal From Deputy Registrar's Order Setting Aside Bankruptcy Notices; Heard Together and Decided on Appeal
Outcome
Appeal dismissed
Legal Topics
Bankruptcy Notice, Consent Judgment, Quantification of Claim, Joint and Several Liability, Setting Aside Bankruptcy Notice, Service of Process
Source Language
Malay/English
Bankruptcy Law Civil Procedure Enforcement of Judgment Contract Law Bankruptcy Notice Consent Judgment Quantification of Claim Joint and Several Liability +2 more

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Parties

Uda Land (South) Sdn Bhd

Judgment Creditor / Appellant

Noorzail Falilawati binti Md Nor

Judgment Debtor / Respondent

Jamal Abd Nasir bin Makhtar

Judgment Debtor / Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From Deputy Registrar's Order Setting Aside Bankruptcy Notices; Heard Together and Decided on Appeal

Legal Issues

  1. 1 Whether the bankruptcy notices were valid and properly quantified
  2. 2 Whether the consent/settlement judgment constitutes a final judgment for purposes of issuing bankruptcy notices under s3(1)(i) Bankruptcy Act 1967
  3. 3 Whether the creditor could claim the full judgment sum against each judgment debtor where the judgment did not specify joint and several liability

Ratio Decidendi

The bankruptcy notices were defective and contrary to the consent judgment because the notices failed to show how the amounts claimed were quantified from the consent judgment and thus did not comply with the requirement to specify the amount due; further, the consent judgment did not impose joint and several liability so the creditor could not claim the full judgment sum against each debtor; accordingly the Deputy Registrar's orders setting aside the notices were correct and the creditor's appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondents RM3,000.00