PEMIUTANG PENGHAKIMAN MALAYSIA DEBT VENTURES BERHAD PENGHUTANG PENGHAKIMAN AHMAD BIN BAKAR

PEMIUTANG PENGHAKIMAN MALAYSIA DEBT VENTURES BERHAD PENGHUTANG PENGHAKIMAN AHMAD BIN BAKAR

The court found the creditor had established the judgment debt and complied with service requirements (affidavits of service on the debtor and filing of service on the Director General of Insolvency). The debtor had no meritorious defence and prior applications to set aside the petition were dismissed; accordingly a bankruptcy order was properly made against the debtor for the judgment amount of RM587,574.11.

Citation
WA-29NCC-937-09/2021 (Mahkamah Tinggi)
Parties
Debtor: Ahmad bin Bakar; Creditor: Malaysia Debt Ventures Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 October 2022
Case Number
WA-29NCC-937-09/2021 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (insolvency) / Appeal Against Deputy Registrar's Bankruptcy Order (hearing on Petition and Appeal)
Outcome
Bankruptcy order granted against the debtor
Legal Topics
Bankruptcy Order, Service of Petition, Guarantee Liability, Murabahah Financing, Judgment Debt
Source Language
Malay/English
Insolvency Bankruptcy Contract Civil Procedure Bankruptcy Order Service of Petition Guarantee Liability Murabahah Financing +1 more

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Parties

Ahmad bin Bakar

Debtor

Malaysia Debt Ventures Berhad

Creditor

Procedural Posture

Bankruptcy (insolvency) / Appeal Against Deputy Registrar's Bankruptcy Order (hearing on Petition and Appeal)

Legal Issues

  1. 1 Whether the creditor's petition complied with statutory requirements for service of petition
  2. 2 Whether the petitioner proved the debt and entitlement to a bankruptcy order under the Insolvency Act 1967
  3. 3 Whether the debtor had any meritorious defence to resist the bankruptcy petition

Ratio Decidendi

The court found the creditor had established the judgment debt and complied with service requirements (affidavits of service on the debtor and filing of service on the Director General of Insolvency). The debtor had no meritorious defence and prior applications to set aside the petition were dismissed; accordingly a bankruptcy order was properly made against the debtor for the judgment amount of RM587,574.11.

Court Disposition

Bankruptcy order granted against the debtor

Orders

  • Bankruptcy order made against Ahmad bin Bakar for RM587,574.11
  • Prior applications by the debtor to set aside the notice and petition were dismissed by the courts