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

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

The appeals were dismissed: the debtors' pleadings admitted they were customers not social guarantors so no leave was required; the judgment creditor's solicitors were entitled to sign and file Form 35; Requests for issue of bankruptcy notices need not be served on the judgment debtors; and the creditor may commence bankruptcy proceedings against one or more joint debtors on the same judgment (joint and several liability) subject to the principle that full satisfaction of the judgment prevents double recovery.

Citation
WA-29NCC-195-01/2024 (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-195-01/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Proceedings / Appeal From Registrar's Dismissal of Summons to Set Aside Bankruptcy Notices (judge in Chambers Appeal)
Outcome
Both appeals dismissed
Legal Topics
Bankruptcy Notice (form 35), Social Guarantor, Service of Process, Authority of Solicitor to Act, Joint and Several Liability, Double Recovery/multiplicity
Source Language
Malay/English
Bankruptcy and Insolvency Civil Procedure Contract Law Bankruptcy Notice (form 35) Social Guarantor Service of Process Authority of Solicitor to Act Joint and Several Liability +1 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 From Registrar's Dismissal of Summons to Set Aside Bankruptcy Notices (judge in Chambers Appeal)

Legal Issues

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

Ratio Decidendi

The appeals were dismissed: the debtors' pleadings admitted they were customers not social guarantors so no leave was required; the judgment creditor's solicitors were entitled to sign and file Form 35; Requests for issue of bankruptcy notices need not be served on the judgment debtors; and the creditor may commence bankruptcy proceedings against one or more joint debtors on the same judgment (joint and several liability) subject to the principle that full satisfaction of the judgment prevents double recovery.

Court Disposition

Both appeals dismissed

Orders

  • Both appeals dismissed