DSCAFF ENGINEERING SDN BHD HASHMUDDIN BIN YAACOB

DSCAFF ENGINEERING SDN BHD HASHMUDDIN BIN YAACOB

An undischarged bankrupt is incompetent to initiate proceedings or obtain judgment without the prior sanction of the Director General of Insolvency (Insolvency Act 1967 s38(1)); accordingly the defendant's summary judgment application was dismissed and his counterclaim struck out as an abuse of process for lack of the required sanction.

Citation
WA-22NCvC-728-11/2020 (Mahkamah Tinggi)
Parties
Plaintiff: DSCAFF ENGINEERING SDN BHD; Defendant: HASHMUDDIN BIN YAACOB
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 January 2023
Case Number
WA-22NCvC-728-11/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Summary Judgment Application on Counterclaim / Application for Summary Judgment Under Order 14 Rules of Court 2012
Outcome
Defendant's application dismissed and defendant's counterclaim struck out.
Legal Topics
Bankruptcy Disability, Consent of Director General of Insolvency, Summary Judgment, Abuse of Process, Subcontract Termination, Misuse of Assets
Source Language
Malay/English
Insolvency Law Contract Law Civil Procedure Bankruptcy Disability Consent of Director General of Insolvency Summary Judgment Abuse of Process Subcontract Termination +1 more

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Parties

DSCAFF ENGINEERING SDN BHD

Plaintiff

HASHMUDDIN BIN YAACOB

Defendant

Procedural Posture

Civil Summary Judgment Application on Counterclaim / Application for Summary Judgment Under Order 14 Rules of Court 2012

Legal Issues

  1. 1 Whether an undischarged bankrupt can initiate proceedings or apply for summary judgment without the prior sanction of the Director General of Insolvency
  2. 2 Whether the defendant is entitled to summary judgment on his counterclaim
  3. 3 Whether the counterclaim should be struck out as an abuse of process

Ratio Decidendi

An undischarged bankrupt is incompetent to initiate proceedings or obtain judgment without the prior sanction of the Director General of Insolvency (Insolvency Act 1967 s38(1)); accordingly the defendant's summary judgment application was dismissed and his counterclaim struck out as an abuse of process for lack of the required sanction.

Court Disposition

Defendant's application dismissed and defendant's counterclaim struck out.

Orders

  • Defendant's application for summary judgment dismissed.
  • Defendant's counterclaim struck out as an abuse of the process of the court.