RHB BANK BERHAD (No. Syarikat: 6171-M) 1. PYO TRAVEL (MY) SDN BHD (No. Syarikat: 39745-U) 2. RELIANCE SHIPPING & TRAVEL AGENCIES SDN BHD (No. Syarikat: 9040-M) 3. GAN ENG KWONG (No. KP: 500624-10-5689) 4. IRENE TAN (No. KP: 550209-08-5014)

RHB BANK BERHAD (No. Syarikat: 6171-M) 1. PYO TRAVEL (MY) SDN BHD (No. Syarikat: 39745-U) 2. RELIANCE SHIPPING & TRAVEL AGENCIES SDN BHD (No. Syarikat: 9040-M) 3. GAN ENG KWONG (No. KP: 500624-10-5689) 4. IRENE TAN (No. KP: 550209-08-5014)

The High Court held the Registrar's requirement that the creditor file a supplementary affidavit cured the Rule 90(1)(b) omission and that the minor overstatement of interest (RM684.93) was a curable formal defect under s131 and Rule 282 and amendable under s93(3)/Order 20 r8; the debtor's affidavit served constituted sufficient notice under s3(2)(ii) and no substantial injustice was shown, therefore the appeals were dismissed.

Citation
WA-22NCC-363-07/2019 (Encls. 32 & 33) (Mahkamah Tinggi)
Parties
Judgment Debtor: Chua Liang Hong; Judgment Creditor: Kuala Excel Sdn Bhd
Court
Encls. 32 & 33
Jurisdiction
Malaysia
Judgment Date
4 March 2020
Case Number
WA-22NCC-363-07/2019 (Encls. 32 & 33) (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (insolvency) / Appeal Against Senior Assistant Registrar Decisions (interlocutory Appeals)
Outcome
appeals dismissed
Legal Topics
Bankruptcy Notice Validity, Amendment of Process, Computation of Interest, Reckoning of Time and Public Holidays, Service and Procedural Defects, Curative Provisions
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Bankruptcy Notice Validity Amendment of Process Computation of Interest Reckoning of Time and Public Holidays Service and Procedural Defects +1 more

Case Brief

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Parties

Chua Liang Hong

Judgment Debtor

Kuala Excel Sdn Bhd

Judgment Creditor

Procedural Posture

Bankruptcy (insolvency) / Appeal Against Senior Assistant Registrar Decisions (interlocutory Appeals)

Legal Issues

  1. 1 Whether failure to produce writ under Rule 90(1)(b) invalidates a bankruptcy notice
  2. 2 Whether an overstated interest amount renders the bankruptcy notice invalid
  3. 3 Whether debtor gave notice under s3(2)(ii) within the statutory payment period

Ratio Decidendi

The High Court held the Registrar's requirement that the creditor file a supplementary affidavit cured the Rule 90(1)(b) omission and that the minor overstatement of interest (RM684.93) was a curable formal defect under s131 and Rule 282 and amendable under s93(3)/Order 20 r8; the debtor's affidavit served constituted sufficient notice under s3(2)(ii) and no substantial injustice was shown, therefore the appeals were dismissed.

Court Disposition

appeals dismissed

Orders

  • Both appeals (Enclosures 25 and 41) dismissed with costs