Wan Nur Shafida Binti Wan Hashim bagi pihak [Tetuan Seow & Megat] 1. ) Zul Helmi Bin Wakiman @ Wagiman bagi pihak Pertama [Tetuan Anandan Krishnan, Sahrihan & Partners] 2. ) Franky Irwan Bin Abdul Rashid bagi pihak [Jabatan Insolvensi Malay

Wan Nur Shafida Binti Wan Hashim bagi pihak [Tetuan Seow & Megat] 1. ) Zul Helmi Bin Wakiman @ Wagiman bagi pihak Pertama [Tetuan Anandan Krishnan, Sahrihan & Partners] 2. ) Franky Irwan Bin Abdul Rashid bagi pihak [Jabatan Insolvensi Malay

Court held that applicant by filing a proof of debt without referring to or reserving its security was treated as surrendering its security and proving for the whole debt; consequently all payments received from the bankrupt after the bankruptcy order (total RM142,897.87, including surplus RM38,299.14) vested in the...

Source-derived case information.

Citation
WA-29PB-293-05/2021 (Mahkamah Tinggi)
Parties
Applicant: CIMB Bank Berhad; Respondent 1: Azizah binti Manan; Respondent 2: Ketua Pengarah Insolvensi Cawangan Negeri Sembilan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 June 2022
Case Number
WA-29PB-293-05/2021 (Mahkamah Tinggi)
Procedural Posture
Post Bankruptcy Civil Application Under Order 17 and Section 8(1)(b) Insolvency Act 1967 / Judgment on Originating Summons
Outcome
Originating summons dismissed in part; applicant's substantive claims denied; estate (Director General) entitled to funds received post-bankruptcy
Legal Topics
Secured Creditor Rights, Proof of Debt, Vesting of Bankrupt's Property, Assignment of Property, Entitlement to Surplus Funds
Insolvency Bankruptcy Property Law Contract Secured Creditor Rights Proof of Debt Vesting of Bankrupt's Property Assignment of Property +1 more

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Parties

CIMB Bank Berhad

Applicant

Azizah binti Manan

Respondent 1

Ketua Pengarah Insolvensi Cawangan Negeri Sembilan

Respondent 2

Procedural Posture

Post Bankruptcy Civil Application Under Order 17 and Section 8(1)(b) Insolvency Act 1967 / Judgment on Originating Summons

  1. 1 Whether the applicant (secured creditor) is entitled to retain or receive surplus payments made by the bankrupt after the bankruptcy order
  2. 2 Whether filing a proof of debt without reserving security constitutes surrender of security and proof for the whole debt
  3. 3 Whether payments made by the bankrupt after the bankruptcy order vest in the Director General of Insolvency and must be handed to him

Ratio Decidendi

Court held that applicant by filing a proof of debt without referring to or reserving its security was treated as surrendering its security and proving for the whole debt; consequently all payments received from the bankrupt after the bankruptcy order (total RM142,897.87, including surplus RM38,299.14) vested in the Director General of Insolvency and must be delivered to the Director; applicant ordered to release the funds to the Director within 14 days and to bear costs as ordered.

Court Disposition

Originating summons dismissed in part; applicant's substantive claims denied; estate (Director General) entitled to funds received post-bankruptcy

Orders

  • Applicant to release the entirety of RM142897.87 (including surplus RM38299.14) to the Director General of Insolvency (Respondent 2) within 14 days
  • Costs to be paid by the applicant as per paragraph 4 of the originating summons