PEMIUTANG PENGHAKIMAN Majlis Amanah Rakyat (MARA) PENGHUTANG PENGHAKIMAN AFEERA BINTI AMRAN

PEMIUTANG PENGHAKIMAN Majlis Amanah Rakyat (MARA) PENGHUTANG PENGHAKIMAN AFEERA BINTI AMRAN

The appeals were dismissed because the debtors admitted in pleadings they were customers not social guarantors so leave was not required; solicitors validly signed and filed the Requests for Issue of Bankruptcy Notices; the Requests under Rule 90(1) need not be served on the debtors; and the creditor lawfully may commence bankruptcy proceedings against one or both joint debtors under s44 Contracts Act without multiplicity so long as double recovery is prevented.

Citation
WA-29NCC-194-01/2024 (Mahkamah Tinggi)
Parties
Judgment Debtor: Afeera binti Amran; Judgment Debtor: Azeera binti Amran; Judgment Creditor: Majlis Amanah Rakyat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 February 2025
Case Number
WA-29NCC-194-01/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Proceedings / Appeal to High Court From Registrar's Dismissal of Applications to Set Aside Bankruptcy Notices; Judgment on Appeals
Outcome
Both appeals dismissed
Legal Topics
Bankruptcy Notice, Social Guarantor, Authorization of Solicitors, Service of Applications, Joint and Several Liability, Double Recovery
Source Language
Malay/English
Insolvency Bankruptcy Contract Civil Procedure Bankruptcy Notice Social Guarantor Authorization of Solicitors Service of Applications +2 more

Case Brief

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Parties

Afeera binti Amran

Judgment Debtor

Azeera binti Amran

Judgment Debtor

Majlis Amanah Rakyat

Judgment Creditor

Procedural Posture

Bankruptcy Proceedings / Appeal to High Court From Registrar's Dismissal of Applications to Set Aside Bankruptcy Notices; Judgment on Appeals

Legal Issues

  1. 1 Whether leave of court required before commencing bankruptcy proceedings against the judgment debtors
  2. 2 Whether the judgment creditor's solicitor may sign and file the Request for Issue of Bankruptcy Notices (Form 35)
  3. 3 Whether Requests for Issue of Bankruptcy Notice must be served on the judgment debtors

Ratio Decidendi

The appeals were dismissed because the debtors admitted in pleadings they were customers not social guarantors so leave was not required; solicitors validly signed and filed the Requests for Issue of Bankruptcy Notices; the Requests under Rule 90(1) need not be served on the debtors; and the creditor lawfully may commence bankruptcy proceedings against one or both joint debtors under s44 Contracts Act without multiplicity so long as double recovery is prevented.

Court Disposition

Both appeals dismissed

Orders

  • Both appeals dismissed
  • Bankruptcy proceedings against Afeera binti Amran (WA-29NCC-194-01/2024) and Azeera binti Amran (WA-29NCC-195-01/2024) to continue under the Judgment Creditor's applications