PEMIUTANG PENGHAKIMAN 1. ) Menara Jutamas Sdn Bhd 2. ) Amcorp Global Limited (dahulu dikenali sebagai Tee Land Limited) PENGHUTANG PENGHAKIMAN Abdul Kadir Bin Haji Sheikh Fadzir

PEMIUTANG PENGHAKIMAN 1. ) Menara Jutamas Sdn Bhd 2. ) Amcorp Global Limited (dahulu dikenali sebagai Tee Land Limited) PENGHUTANG PENGHAKIMAN Abdul Kadir Bin Haji Sheikh Fadzir

The court found the creditors had exhausted available enforcement against the principal debtor, the transfer to the Kuala Lumpur registry was valid and jurisdictional objections were academic, the claimed amount represented the judgment, costs and accrued interest within the statutory limitation period, and the debtor’s challenges lacked merit; therefore the debtor’s applications to set aside the bankruptcy notice and related affidavit were dismissed and permission to continue bankruptcy proceedings was and remained properly granted.

Citation
WA-29NCC-928-07/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor: Menara Jutamas Sdn Bhd; Judgment Creditor: Amcorp Global Limited (formerly Tee Land); Judgment Debtor: Abdul Kadir bin Haji Sheikh Fadzir
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 February 2023
Case Number
WA-29NCC-928-07/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal From Deputy Registrar Decision
Outcome
Debtor's appeal dismissed; debtor's applications in Contents 15 and 20 dismissed; permission to continue bankruptcy proceedings (Content 2) confirmed/granted.
Legal Topics
Enforcement Against Guarantor, Jurisdiction to Hear Bankruptcy Proceedings, Requirement for Leave to File Bankruptcy Petition/notice, Limitation Period for Judgment Enforcement, Set Aside Bankruptcy Notice
Source Language
Malay/English
Insolvency and Bankruptcy Civil Procedure Contract Law Limitation Law Enforcement Against Guarantor Jurisdiction to Hear Bankruptcy Proceedings Requirement for Leave to File Bankruptcy Petition/notice Limitation Period for Judgment Enforcement +1 more

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Parties

Menara Jutamas Sdn Bhd

Judgment Creditor

Amcorp Global Limited (formerly Tee Land)

Judgment Creditor

Abdul Kadir bin Haji Sheikh Fadzir

Judgment Debtor

Procedural Posture

Bankruptcy / Appeal From Deputy Registrar Decision

Legal Issues

  1. 1 Whether the High Court of Kuala Lumpur had jurisdiction to hear the bankruptcy proceedings
  2. 2 Whether creditors exhausted remedies against the principal debtor before proceeding against the guarantor as required by Insolvency Act 1967
  3. 3 Whether leave/permission was required before issuing a bankruptcy notice

Ratio Decidendi

The court found the creditors had exhausted available enforcement against the principal debtor, the transfer to the Kuala Lumpur registry was valid and jurisdictional objections were academic, the claimed amount represented the judgment, costs and accrued interest within the statutory limitation period, and the debtor’s challenges lacked merit; therefore the debtor’s applications to set aside the bankruptcy notice and related affidavit were dismissed and permission to continue bankruptcy proceedings was and remained properly granted.

Court Disposition

Debtor's appeal dismissed; debtor's applications in Contents 15 and 20 dismissed; permission to continue bankruptcy proceedings (Content 2) confirmed/granted.

Orders

  • Applications by the debtor in Contents 15 and 20 dismissed
  • Permission to continue bankruptcy proceedings as per Content 2 is confirmed/granted