PEMIUTANG PENGHAKIMAN Perbadanan Nasional Berhad PENGHUTANG PENGHAKIMAN Jeffery Bin Munap

PEMIUTANG PENGHAKIMAN Perbadanan Nasional Berhad PENGHUTANG PENGHAKIMAN Jeffery Bin Munap

The court held that it has no discretion to extend or abridge the six‑month statutory time limit in s5(1)(c) IA; because the act of bankruptcy occurred on 24.9.2021 the last date to present the petition was 23.3.2022 and any petition filed after that date is not permitted; accordingly the application to extend time is dismissed.

Citation
WA-29NCC-191-02/2021 (Mahkamah Tinggi)
Parties
Judgment Creditor: Perbadanan Nasional Berhad; Judgment Debtor: Jeffery bin Munap
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 July 2022
Case Number
WA-29NCC-191-02/2021 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (insolvency Act 1967) / Application to Extend/abridge Time (summons in Chambers) — Decision
Outcome
Application dismissed with costs subject to allocatur.
Legal Topics
Extension of Time, Statutory Limitation, Act of Bankruptcy, Substituted Service, Leave to File Creditor's Petition, Discretion Under S93(4) IA and R283 IR
Source Language
Malay/English
Insolvency/bankruptcy Civil Procedure Commercial Law Extension of Time Statutory Limitation Act of Bankruptcy Substituted Service Leave to File Creditor's Petition +1 more

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Parties

Perbadanan Nasional Berhad

Judgment Creditor

Jeffery bin Munap

Judgment Debtor

Procedural Posture

Bankruptcy (insolvency Act 1967) / Application to Extend/abridge Time (summons in Chambers) — Decision

Legal Issues

  1. 1 Whether the court may extend or abridge time to present a creditor's petition after the six‑month period in s5(1)(c) IA has lapsed
  2. 2 Whether the court's discretionary powers under s93(4) IA and r283 IR permit filing a creditor's petition outside the statutory six‑month window
  3. 3 Whether leave under s5(3)(b) IA affected timeliness of the creditor's petition

Ratio Decidendi

The court held that it has no discretion to extend or abridge the six‑month statutory time limit in s5(1)(c) IA; because the act of bankruptcy occurred on 24.9.2021 the last date to present the petition was 23.3.2022 and any petition filed after that date is not permitted; accordingly the application to extend time is dismissed.

Court Disposition

Application dismissed with costs subject to allocatur.

Orders

  • Application in Encl.25 dismissed
  • Costs to be paid by the Judgment Creditor subject to allocatur