PEMIUTANG PENGHAKIMAN PUA HUA KEONG PENGHUTANG PENGHAKIMAN KANAGASUNDRAM A/L RAJOO

PEMIUTANG PENGHAKIMAN PUA HUA KEONG PENGHUTANG PENGHAKIMAN KANAGASUNDRAM A/L RAJOO

The saving provision in the Amendment Act preserves the pre-amendment RM50,000 threshold for petitions filed before 01.09.2021; the debtor failed to file any affidavit within seven days of service of the bankruptcy notice so the act of bankruptcy crystallised on expiry of that period and the creditor's petition was validly filed; the debtor failed to prove payment to the creditor's solicitors as no documentary receipt was produced — therefore both applications to set aside the bankruptcy notice and to oppose the creditor's petition are dismissed.

Citation
WA-29NCC-570-02/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: Kanagasundram a/l Rajoo; Judgment Creditor: Pua Hua Keong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 August 2023
Case Number
WA-29NCC-570-02/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Proceedings Arising From Creditor's Petition and Bankruptcy Notice / Appeal Against Registrar's Decisions to Dismiss Applications to Set Aside Bankruptcy Notice and to Oppose Creditor's Petition; Final High Court Judgment
Outcome
Applications in Enclosure 66 and Enclosure 68 dismissed
Legal Topics
Bankruptcy Notice, Creditor's Petition, Saving Provision, Statutory Threshold for Bankruptcy, Act of Bankruptcy, Service and Time Limits, Set Aside Application, Burden of Proof for Payment
Source Language
Malay/English
Bankruptcy Law Insolvency Civil Procedure Evidence Bankruptcy Notice Creditor's Petition Saving Provision Statutory Threshold for Bankruptcy +4 more

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Parties

Kanagasundram a/l Rajoo

Judgment Debtor

Pua Hua Keong

Judgment Creditor

Procedural Posture

Bankruptcy Proceedings Arising From Creditor's Petition and Bankruptcy Notice / Appeal Against Registrar's Decisions to Dismiss Applications to Set Aside Bankruptcy Notice and to Oppose Creditor's Petition; Final High Court Judgment

Legal Issues

  1. 1 Whether the Insolvency (Amendment) Act 2020 threshold applies to these proceedings
  2. 2 Whether the judgment debtor discharged burden to prove payment of the judgment debt to the judgment creditor's solicitors
  3. 3 When the act of bankruptcy crystallised given service and failure to file affidavit within seven days

Ratio Decidendi

The saving provision in the Amendment Act preserves the pre-amendment RM50,000 threshold for petitions filed before 01.09.2021; the debtor failed to file any affidavit within seven days of service of the bankruptcy notice so the act of bankruptcy crystallised on expiry of that period and the creditor's petition was validly filed; the debtor failed to prove payment to the creditor's solicitors as no documentary receipt was produced — therefore both applications to set aside the bankruptcy notice and to oppose the creditor's petition are dismissed.

Court Disposition

Applications in Enclosure 66 and Enclosure 68 dismissed

Orders

  • Enclosure 66 dismissed
  • Enclosure 68 dismissed