Azzahra Binti Roslee for the Appellant/Judgment Creditor [Messrs Yeoh Mazlina & Partners] Dinesh Kanavaji and Mellissa Ram for the Respondent/Judgment Debtor [Messrs Melissa Ram]

Azzahra Binti Roslee for the Appellant/Judgment Creditor [Messrs Yeoh Mazlina & Partners] Dinesh Kanavaji and Mellissa Ram for the Respondent/Judgment Debtor [Messrs Melissa Ram]

Court granted extension of time because the MCO constituted a special circumstance preventing the debtor from acting within seven days; on the evidence and on balance of probabilities the hire-purchase agreement was revived by mutual conduct and accepted payments, thereby superseding and varying the original 2014 judgment so non-compliance could not constitute an act of bankruptcy; the interest claimed was inaccurate and excessive; accordingly the creditor's appeal was dismissed and costs awarded to the debtor.

Citation
BANKRUPTCY NO. WA-29NCC-66-01/2020 (Mahkamah Tinggi)
Parties
Judgment Creditor: Public Islamic Bank Berhad; Judgment Debtor: Indran Kanavaji a/l Kanawagi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 February 2022
Case Number
BANKRUPTCY NO. WA-29NCC-66-01/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal From Senior Assistant Registrar Decision
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Service of Process, Revival of Contract, Set Aside Bankruptcy Notice, Act of Bankruptcy, Calculation of Interest, Substituted Service
Source Language
Malay/English
Insolvency Bankruptcy Contract Hire Purchase Law Civil Procedure Extension of Time Service of Process Revival of Contract +4 more

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Parties

Public Islamic Bank Berhad

Judgment Creditor

Indran Kanavaji a/l Kanawagi

Judgment Debtor

Procedural Posture

Bankruptcy / Appeal From Senior Assistant Registrar Decision

Legal Issues

  1. 1 Whether extension of time to challenge the bankruptcy notice should be granted due to the COVID-19 Movement Control Order
  2. 2 Whether the hire-purchase agreement was revived by conduct and payments thus superseding the 2014 judgment
  3. 3 Whether non-compliance with the 2014 judgment constituted an act of bankruptcy

Ratio Decidendi

Court granted extension of time because the MCO constituted a special circumstance preventing the debtor from acting within seven days; on the evidence and on balance of probabilities the hire-purchase agreement was revived by mutual conduct and accepted payments, thereby superseding and varying the original 2014 judgment so non-compliance could not constitute an act of bankruptcy; the interest claimed was inaccurate and excessive; accordingly the creditor's appeal was dismissed and costs awarded to the debtor.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of MYR 5,000 to be paid by Judgment Creditor to Judgment Debtor