PEMIUTANG PENGHAKIMAN NIK ABD. RAHIM BIN ABDUL JALIL PENGHUTANG PENGHAKIMAN SUHAILI BIN ABDUL HALIM

PEMIUTANG PENGHAKIMAN NIK ABD. RAHIM BIN ABDUL JALIL PENGHUTANG PENGHAKIMAN SUHAILI BIN ABDUL HALIM

The court held the original affidavit dated 27.1.2022 valid for the amended petition because permitted amendments relate back to the date of the original petition; the act of bankruptcy occurred within six months of the petition presentation so the petition was not time‑barred; no special circumstances existed to justify a stay pending appeal; accordingly the appeal was dismissed and the decision of the Senior Assistant Registrar was affirmed.

Citation
DA-29NCC-110-07/2021 (Mahkamah Tinggi)
Parties
Penghutang Penghakiman: Suhaili bin Abdul Halim; Pemiutang Penghakiman: Nik Abdul Rahim bin Abdul Jalil
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2022
Case Number
DA-29NCC-110-07/2021 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (kebankrapan) / Appeal to Judge in Chambers (rayuan Kepada Hakim Dalam Kamar)
Outcome
Appeal dismissed; decision of the Senior Assistant Registrar affirmed.
Legal Topics
Petition Amendments, Affidavit Sufficiency, Statute of Limitations Six Months, Stay Pending Appeal, Costs
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Petition Amendments Affidavit Sufficiency Statute of Limitations Six Months Stay Pending Appeal Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Suhaili bin Abdul Halim

Penghutang Penghakiman

Nik Abdul Rahim bin Abdul Jalil

Pemiutang Penghakiman

Procedural Posture

Bankruptcy (kebankrapan) / Appeal to Judge in Chambers (rayuan Kepada Hakim Dalam Kamar)

Legal Issues

  1. 1 Whether the amended creditor's petition dated 30.1.2022 is fatally defective for lacking a fresh affidavit of truth
  2. 2 Whether the presentation/filing of the amended petition exceeded the six‑month period from the act of bankruptcy
  3. 3 Whether the appeal to set aside the consent judgment must be disposed of in the Court of Appeal before bankruptcy proceedings proceed

Ratio Decidendi

The court held the original affidavit dated 27.1.2022 valid for the amended petition because permitted amendments relate back to the date of the original petition; the act of bankruptcy occurred within six months of the petition presentation so the petition was not time‑barred; no special circumstances existed to justify a stay pending appeal; accordingly the appeal was dismissed and the decision of the Senior Assistant Registrar was affirmed.

Court Disposition

Appeal dismissed; decision of the Senior Assistant Registrar affirmed.

Orders

  • Appeal dismissed
  • Costs awarded to judgment creditor in the sum of RM5,000 subject to 4% alokatur