PEMIUTANG PENGHAKIMAN 1. ) ONG THENG YEOW (Berniaga atas nama dan gaya SMART KEY RESOURCES (No.Pendaftaran 200403162863(CA0087094-W) 2. ) ONG BENG THEAM (Berniaga atas nama dan gaya SMART KEY RESOURCES (No.Pendaftaran 200403162863(CA0087094

PEMIUTANG PENGHAKIMAN 1. ) ONG THENG YEOW (Berniaga atas nama dan gaya SMART KEY RESOURCES (No.Pendaftaran 200403162863(CA0087094-W) 2. ) ONG BENG THEAM (Berniaga atas nama dan gaya SMART KEY RESOURCES (No.Pendaftaran 200403162863(CA0087094

The court found on the balance of probabilities that the bankruptcy notice was personally served on the judgment debtor and an act of bankruptcy occurred on 9.3.2024 and the creditor's petition was presented within six months; however the creditor's petition was not personally served as mandated by Rule 108 Insolvency Rules 2017 (service on the debtor's solicitors lacked clear written authority) making the CP defective and incompetent and justifying dismissal; appeal against the Registrar's dismissal was therefore dismissed and costs ordered.

Citation
PA-29NCC-610-12/2023 (Mahkamah Tinggi)
Parties
Judgment Debtor: Rozita binti Baharom; Judgment Creditor: Ong Theng Yeow; Judgment Creditor: Ong Beng Theam; Judgment Creditor: Ong Teong Lam trading as Smart Key Resources
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 October 2024
Case Number
PA-29NCC-610-12/2023 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal to Judge in Chambers Against Registrar's Dismissal of Creditor's Petition
Outcome
Appeal dismissed; Registrar's dismissal of the creditor's petition upheld
Legal Topics
Service of Process, Acts of Bankruptcy, Creditor's Petition, Personal Service, Procedural Compliance, Costs
Source Language
Malay/English
Insolvency Law Civil Procedure Service of Process Acts of Bankruptcy Creditor's Petition Personal Service Procedural Compliance Costs

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Parties

Rozita binti Baharom

Judgment Debtor

Ong Theng Yeow

Judgment Creditor

Ong Beng Theam

Judgment Creditor

Ong Teong Lam trading as Smart Key Resources

Judgment Creditor

Procedural Posture

Bankruptcy / Appeal to Judge in Chambers Against Registrar's Dismissal of Creditor's Petition

Legal Issues

  1. 1 Whether the bankruptcy notice (BN) was validly personally served on the judgment debtor
  2. 2 Whether the creditor's petition (CP) was validly personally served on the judgment debtor in compliance with Rule 108 Insolvency Rules 2017
  3. 3 Whether an act of bankruptcy occurred and whether the CP was presented within the six‑month limitation under section 5(1)(c) Insolvency Act 1967

Ratio Decidendi

The court found on the balance of probabilities that the bankruptcy notice was personally served on the judgment debtor and an act of bankruptcy occurred on 9.3.2024 and the creditor's petition was presented within six months; however the creditor's petition was not personally served as mandated by Rule 108 Insolvency Rules 2017 (service on the debtor's solicitors lacked clear written authority) making the CP defective and incompetent and justifying dismissal; appeal against the Registrar's dismissal was therefore dismissed and costs ordered.

Court Disposition

Appeal dismissed; Registrar's dismissal of the creditor's petition upheld

Orders

  • Appeal dismissed
  • Registrar's order dismissing the creditor's petition upheld