PEMIUTANG PENGHAKIMAN EX-PARTE: HEAP YEE BROTHERS CONTRACT FARMING SDN BHD (NO. SYARIKAT: 207427-X) PENGHUTANG PENGHAKIMAN PER: LIM CHENG FU

PEMIUTANG PENGHAKIMAN EX-PARTE: HEAP YEE BROTHERS CONTRACT FARMING SDN BHD (NO. SYARIKAT: 207427-X) PENGHUTANG PENGHAKIMAN PER: LIM CHENG FU

The High Court found the substituted service was carried out in strict accordance with the court order and the Insolvency Rules 2017, and the affidavits filed satisfied the evidentiary requirement of Rule 110; therefore service was regular and the bankruptcy order dated 01.09.2020 was valid. The Assistant Registrar's refusal to annul the order was correct and is affirmed.

Citation
CB-29PB-1-01/2021 (Mahkamah Tinggi)
Parties
Debtor: Lim Cheng Fu; Creditor: Heap Yee Brothers Contract Farming Sdn Bhd (207427-X)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 September 2021
Case Number
CB-29PB-1-01/2021 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Application to Annul Bankruptcy Order; Appeal From Assistant Registrar Decision
Outcome
Application to annul bankruptcy order dismissed; bankruptcy order upheld
Legal Topics
Service of Process, Substituted Service, Annulment of Bankruptcy Order, Compliance With Insolvency Rules 2017
Source Language
Malay/English
Insolvency Civil Procedure Service of Process Substituted Service Annulment of Bankruptcy Order Compliance With Insolvency Rules 2017

Case Brief

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Parties

Lim Cheng Fu

Debtor

Heap Yee Brothers Contract Farming Sdn Bhd (207427-X)

Creditor

Procedural Posture

Bankruptcy / Application to Annul Bankruptcy Order; Appeal From Assistant Registrar Decision

Legal Issues

  1. 1 Whether substituted service of the bankruptcy petition and notices was valid under the Insolvency Rules 2017
  2. 2 Whether defective or irregular service justified annulling the bankruptcy order dated 01.09.2020
  3. 3 Whether the affidavits of substituted service satisfied the evidentiary requirement under Rule 110

Ratio Decidendi

The High Court found the substituted service was carried out in strict accordance with the court order and the Insolvency Rules 2017, and the affidavits filed satisfied the evidentiary requirement of Rule 110; therefore service was regular and the bankruptcy order dated 01.09.2020 was valid. The Assistant Registrar's refusal to annul the order was correct and is affirmed.

Court Disposition

Application to annul bankruptcy order dismissed; bankruptcy order upheld

Orders

  • Decision of the Assistant Registrar dated 12.04.2021 affirmed
  • Application to set aside/annul the bankruptcy order dismissed