PEMIUTANG PENGHAKIMAN SECURIFORCE FLEETS SDN BHD PENGHUTANG PENGHAKIMAN NURNADIAH BINTI KHALID

PEMIUTANG PENGHAKIMAN SECURIFORCE FLEETS SDN BHD PENGHUTANG PENGHAKIMAN NURNADIAH BINTI KHALID

The court held that the creditor's substantive claim was not excessive because a judgment against multiple debtors imports joint and several liability (per Federal Court authority), the post-notice RM2,000 payment did not reduce the outstanding debt below the insolvency threshold, but the manner of service was irregular because personal service was not established; rather than setting aside the notice the court exercised its discretion to extend the period for personal service and permit the creditor to attempt service by appointment or apply for substituted service; the application to set aside the notice (lampiran 7) was dismissed with no order as to costs.

Citation
JA-29NCC-209-03/2024 (Mahkamah Tinggi)
Parties
Judgment Debtor: NURNADIAH BINTI KHALID; Judgment Creditor: SECURIFORCE FLEETS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2024
Case Number
JA-29NCC-209-03/2024 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Insolvency (creditor's Petition Based on Consent Judgment) / Decision on Interlocutory Chamber Application to Set Aside Bankruptcy Notice (lampiran 7)
Outcome
Application to set aside bankruptcy notice (lampiran 7) dismissed; no order as to costs
Legal Topics
Service of Process, Substituted Service, Extension of Time for Service, Joint and Several Liability, Enforcement of Consent Judgment, Interim Suspension of Proceedings
Source Language
Malay/English
Bankruptcy / Insolvency Civil Procedure Contract Law Partnership Law Service of Process Substituted Service Extension of Time for Service Joint and Several Liability +2 more

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Parties

NURNADIAH BINTI KHALID

Judgment Debtor

SECURIFORCE FLEETS SDN BHD

Judgment Creditor

Procedural Posture

Bankruptcy / Insolvency (creditor's Petition Based on Consent Judgment) / Decision on Interlocutory Chamber Application to Set Aside Bankruptcy Notice (lampiran 7)

Legal Issues

  1. 1 Whether the amount claimed in the bankruptcy notice was excessive or duplicated against multiple debtors
  2. 2 Whether the bankruptcy notice was personally served on the judgment debtor in accordance with statute and rules
  3. 3 Whether payment made after issuance of notice defeated the bankruptcy claim or reduced it below statutory threshold

Ratio Decidendi

The court held that the creditor's substantive claim was not excessive because a judgment against multiple debtors imports joint and several liability (per Federal Court authority), the post-notice RM2,000 payment did not reduce the outstanding debt below the insolvency threshold, but the manner of service was irregular because personal service was not established; rather than setting aside the notice the court exercised its discretion to extend the period for personal service and permit the creditor to attempt service by appointment or apply for substituted service; the application to set aside the notice (lampiran 7) was dismissed with no order as to costs.

Court Disposition

Application to set aside bankruptcy notice (lampiran 7) dismissed; no order as to costs

Orders

  • Lampiran 7 dismissed without order as to costs
  • Extension of time for personal service under Kaedah 95 from 13.10.2024 to 13.12.2024