PEMIUTANG PENGHAKIMAN INNOSEVEN SDN BHD PENGHUTANG PENGHAKIMAN Muhammad Zahir Sanjay Bin Abdullah

PEMIUTANG PENGHAKIMAN INNOSEVEN SDN BHD PENGHUTANG PENGHAKIMAN Muhammad Zahir Sanjay Bin Abdullah

The court held that under the Insolvency Act and Rules the personal service requirement applies to the creditor's petition only and there is no requirement to serve the Affidavit Verifying Petition on the debtor; therefore non-service of the AVP is not a ground to set aside the bankruptcy petition. The court also held the appellant could not raise issues on appeal that were not before the Senior Assistant Registrar and dismissed the appeal with costs.

Citation
WA-29NCC-569-06/2023 (Mahkamah Tinggi)
Parties
Judgment Debtor: Muhammad Zahir Sanjay bin Abdullah; Judgment Creditor: Ex-Parte Innoseven Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 July 2024
Case Number
WA-29NCC-569-06/2023 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Proceedings / Appeal From Senior Assistant Registrar's Dismissal of Application to Set Aside Bankruptcy Petition
Outcome
Appeal dismissed
Legal Topics
Service of Process, Affidavit Verifying Petition, Set Aside Petition, Procedural Irregularity, Scope of Affidavit Evidence
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Service of Process Affidavit Verifying Petition Set Aside Petition Procedural Irregularity Scope of Affidavit Evidence

Case Brief

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Parties

Muhammad Zahir Sanjay bin Abdullah

Judgment Debtor

Ex-Parte Innoseven Sdn. Bhd.

Judgment Creditor

Procedural Posture

Bankruptcy Proceedings / Appeal From Senior Assistant Registrar's Dismissal of Application to Set Aside Bankruptcy Petition

Legal Issues

  1. 1 Whether the Affidavit Verifying Petition (AVP) must be served on the debtor with the creditor's petition
  2. 2 Whether non-service of the AVP is a ground to set aside a bankruptcy petition
  3. 3 Whether new issues not raised before the Senior Assistant Registrar can be raised on appeal

Ratio Decidendi

The court held that under the Insolvency Act and Rules the personal service requirement applies to the creditor's petition only and there is no requirement to serve the Affidavit Verifying Petition on the debtor; therefore non-service of the AVP is not a ground to set aside the bankruptcy petition. The court also held the appellant could not raise issues on appeal that were not before the Senior Assistant Registrar and dismissed the appeal with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs