PEMIUTANG PENGHAKIMAN BANK MUAMALAT MALAYSIA BERHAD PENGHUTANG PENGHAKIMAN AZIMMULLAH BIN MOHAMAD NIZAMI

PEMIUTANG PENGHAKIMAN BANK MUAMALAT MALAYSIA BERHAD PENGHUTANG PENGHAKIMAN AZIMMULLAH BIN MOHAMAD NIZAMI

The BN was defective and jurisdictionally invalid because it did not state the principal judgment amount and the ta’widh in a manner that reflected the terms of the sealed judgment and was not certain or capable of being made certain; thus the bankruptcy notice was set aside and the appeal allowed.

Citation
DA-29NCC-211-05/2020 (Mahkamah Tinggi)
Parties
Judgment Creditor: Lua Ai Siew; Judgment Debtor: Noor Hamiza bt Ab. Hamid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 June 2021
Case Number
DA-29NCC-211-05/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (insolvency) / Appeal to Judge in Chambers Under Order 56(1) High Court Rules 2012
Outcome
Appeal allowed; bankruptcy notice set aside.
Legal Topics
Bankruptcy Notice Validity, Calculation of Judgment Interest (ta’widh), Jurisdictional Requirements for Bankruptcy Notices
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Judgment Enforcement Bankruptcy Notice Validity Calculation of Judgment Interest (ta’widh) Jurisdictional Requirements for Bankruptcy Notices

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Parties

Lua Ai Siew

Judgment Creditor

Noor Hamiza bt Ab. Hamid

Judgment Debtor

Procedural Posture

Bankruptcy (insolvency) / Appeal to Judge in Chambers Under Order 56(1) High Court Rules 2012

Legal Issues

  1. 1 Whether the bankruptcy notice (BN) correctly reflected the terms and amounts of the underlying judgment
  2. 2 Whether the amount claimed in the BN was certain or capable of being made certain
  3. 3 Whether the calculation and stated date for ta’widh (penal interest) were correct and consonant with the judgment

Ratio Decidendi

The BN was defective and jurisdictionally invalid because it did not state the principal judgment amount and the ta’widh in a manner that reflected the terms of the sealed judgment and was not certain or capable of being made certain; thus the bankruptcy notice was set aside and the appeal allowed.

Court Disposition

Appeal allowed; bankruptcy notice set aside.

Orders

  • Bankruptcy Notice dated 21 May 2020 set aside as defective
  • Costs fixed at RM3,000 subject to taxation