PEMIUTANG PENGHAKIMAN Terrence Lee Rohui for Respondent Judgment Creditor [Messrs Terrence & Randy] PENGHUTANG PENGHAKIMAN Kamarul Baharin for Appellant Judgment Debtors [Messrs Engku Aminuddin & Co.]

PEMIUTANG PENGHAKIMAN Terrence Lee Rohui for Respondent Judgment Creditor [Messrs Terrence & Randy] PENGHUTANG PENGHAKIMAN Kamarul Baharin for Appellant Judgment Debtors [Messrs Engku Aminuddin & Co.]

The bankruptcy notices accurately reflected the terms of the underlying judgment; the court must not go behind the judgment in bankruptcy proceedings, the substituted service was effective because it achieved knowledge of the notices, and therefore the applications to set aside the bankruptcy notices failed.

Citation
DALAM KEBANKRAPAN NO. WA-29NCC-(1458 & 1459)-05/2019 (Mahkamah Tinggi)
Parties
Judgment Debtor: Dato' Gurmeet Singh a/l Hardew Singh; Judgment Debtor: Joshua Tan a/l Ramachandran; Judgment Creditor: Dependancy PLT
Court
1458 & 1459
Jurisdiction
Malaysia
Judgment Date
26 November 2020
Case Number
DALAM KEBANKRAPAN NO. WA-29NCC-(1458 & 1459)-05/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Appeal From Senior Assistant Registrar's Dismissal of Applications to Set Aside Bankruptcy Notices
Outcome
Both appeals dismissed with costs.
Legal Topics
Setting Aside Bankruptcy Notice, Substituted Service, Enforcement of Court Judgment, Double Rent Claim, Possession
Source Language
Malay/English
Bankruptcy Civil Procedure Enforcement of Judgment Contract Setting Aside Bankruptcy Notice Substituted Service Enforcement of Court Judgment Double Rent Claim +1 more

Case Brief

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Parties

Dato' Gurmeet Singh a/l Hardew Singh

Judgment Debtor

Joshua Tan a/l Ramachandran

Judgment Debtor

Dependancy PLT

Judgment Creditor

Procedural Posture

Bankruptcy / Appeal From Senior Assistant Registrar's Dismissal of Applications to Set Aside Bankruptcy Notices

Legal Issues

  1. 1 Whether the bankruptcy notices were defective because they allegedly duplicated claims and included improper charges and periods after repossession
  2. 2 Whether the judgment creditor failed to account for deposits and whether that non-disclosure invalidated the bankruptcy notices
  3. 3 Whether substituted service was valid despite absence of a fixed appointment for personal service

Ratio Decidendi

The bankruptcy notices accurately reflected the terms of the underlying judgment; the court must not go behind the judgment in bankruptcy proceedings, the substituted service was effective because it achieved knowledge of the notices, and therefore the applications to set aside the bankruptcy notices failed.

Court Disposition

Both appeals dismissed with costs.

Orders

  • Dismiss both appeals and their respective enclosures (applications to set aside the bankruptcy notices) with costs
  • Bankruptcy notices remain valid and enforceable as per the underlying judgment dated in the record