PEMIUTANG PENGHAKIMAN MALAYSIA DEBT VENTURES BERHAD PENGHUTANG PENGHAKIMAN TANG SEE MENG

PEMIUTANG PENGHAKIMAN MALAYSIA DEBT VENTURES BERHAD PENGHUTANG PENGHAKIMAN TANG SEE MENG

The debtor failed to dispute the amount within the mandatory period under s.3(2) Bankruptcy Act 1967 after valid substituted/registered-post service was effected; there is no obligation to include a statement of account in the bankruptcy notice and the court has no power to extend the statutory time limit; therefore...

Source-derived case information.

Citation
JA-29NCC-287-04/2024 (Mahkamah Tinggi)
Parties
Judgment Creditor: Malaysia Debt Ventures Berhad; Judgment Debtor: Tang See Meng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 January 2025
Case Number
JA-29NCC-287-04/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Chamber Summons to Set Aside Bankruptcy Notice (saman Dalam Kamar Filed 16.7.2024); Decision Delivered 7.1.2025
Outcome
application dismissed
Legal Topics
Bankruptcy Notice, Service of Judgment, Default Judgment, Statutory Time Limits, Excessive Claim, Substituted Service, Statement of Account
Bankruptcy Civil Procedure Contract Judgment Enforcement Bankruptcy Notice Service of Judgment Default Judgment Statutory Time Limits +3 more

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Parties

Malaysia Debt Ventures Berhad

Judgment Creditor

Tang See Meng

Judgment Debtor

Procedural Posture

Bankruptcy / Chamber Summons to Set Aside Bankruptcy Notice (saman Dalam Kamar Filed 16.7.2024); Decision Delivered 7.1.2025

  1. 1 Whether the amount claimed in the bankruptcy notice was excessive and properly disputed within statutory time
  2. 2 Whether the default judgment was validly served on the judgment debtor
  3. 3 Whether a default judgment that is in default is a final judgment for the purposes of s.3(1)(i) of the Bankruptcy Act 1967

Ratio Decidendi

The debtor failed to dispute the amount within the mandatory period under s.3(2) Bankruptcy Act 1967 after valid substituted/registered-post service was effected; there is no obligation to include a statement of account in the bankruptcy notice and the court has no power to extend the statutory time limit; therefore the chamber summons to set aside the bankruptcy notice is dismissed and the debtor ordered to pay costs of RM1,000.

Court Disposition

application dismissed

Orders

  • Application in Lampiran 20 dismissed
  • Tang See Meng to pay Malaysia Debt Ventures Berhad RM1,000.00 as costs, subject to fi alokatur