PEMIUTANG PENGHAKIMAN KOONG LIN LOONG (Selaku wakil pertubuhan The Associated Chinese Chambers of Commerce and Industry of Malaysia) PENGHUTANG PENGHAKIMAN NUR SYAFEENAZ FARHANAH BINTI ROSMAN

PEMIUTANG PENGHAKIMAN KOONG LIN LOONG (Selaku wakil pertubuhan The Associated Chinese Chambers of Commerce and Industry of Malaysia) PENGHUTANG PENGHAKIMAN NUR SYAFEENAZ FARHANAH BINTI ROSMAN

The appeal was dismissed because the procedural objection was res judicata and the application was properly before the Bankruptcy Court; the JC showed the JD was a partner/sole proprietor when the cause of action accrued (supported by Bar Council confirmation) and under s.11 Partnership Act and authority in Lee Choon Hei a partner at the time the cause accrued is liable to satisfy the judgment against the firm; internal partnership agreements do not relieve the partner's liability to a third party creditor; therefore leave to proceed against the JD stands and the appeal fails.

Citation
WA-29NCC-1189-07/2024 (Mahkamah Tinggi)
Parties
Judgment Debtor: Nur Syafeenaz Farhanah binti Rosman; Judgment Creditor: Koong Lin Loong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2025
Case Number
WA-29NCC-1189-07/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Leave to Commence Bankruptcy Proceedings / High Court Judgment on Appeal Against Registrar's Grant of Leave
Outcome
Notice of Appeal (Encl 60) dismissed
Legal Topics
Leave Under Order 77 R 5(4), Act of Bankruptcy S.3(1) Insolvency Act 1967, Liability of Partners S.11 Partnership Act 1961, Res Judicata, Estoppel, Summary Judgment Finality
Source Language
Malay/English
Insolvency Bankruptcy Partnership Law Civil Procedure Contract (tenancy) Leave Under Order 77 R 5(4) Act of Bankruptcy S.3(1) Insolvency Act 1967 Liability of Partners S.11 Partnership Act 1961 +3 more

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Parties

Nur Syafeenaz Farhanah binti Rosman

Judgment Debtor

Koong Lin Loong

Judgment Creditor

Procedural Posture

Bankruptcy Leave to Commence Bankruptcy Proceedings / High Court Judgment on Appeal Against Registrar's Grant of Leave

Legal Issues

  1. 1 Whether the leave application was procedurally defective (Notice of Application vs Summons in Chambers)
  2. 2 Whether the judgment debtor was a partner/sole proprietor at the time the cause of action accrued and therefore liable
  3. 3 Whether internal partnership agreements can relieve a partner from liability to a third party creditor

Ratio Decidendi

The appeal was dismissed because the procedural objection was res judicata and the application was properly before the Bankruptcy Court; the JC showed the JD was a partner/sole proprietor when the cause of action accrued (supported by Bar Council confirmation) and under s.11 Partnership Act and authority in Lee Choon Hei a partner at the time the cause accrued is liable to satisfy the judgment against the firm; internal partnership agreements do not relieve the partner's liability to a third party creditor; therefore leave to proceed against the JD stands and the appeal fails.

Court Disposition

Notice of Appeal (Encl 60) dismissed

Orders

  • Encl 60 dismissed with costs of RM4,000.00 subject to allocatur