PEMIUTANG PENGHAKIMAN AFFIN BANK BERHAD (25046-T) PENGHUTANG PENGHAKIMAN MUHAMMAD REDZA BIN ADZMI (NO. K/P: 910913-02-5601)

Citation: KA-29NCC-30-01/2019 (Mahkamah Tinggi)
Parties: Judgment Debtor/appellant: Muhamad Redza bin Adzmi; Judgment Creditor/respondent: Affin Bank Berhad
Court: High Court
Jurisdiction: Malaysia
Judgment Date: 16 March 2021
Case Number: KA-29NCC-30-01/2019 (Mahkamah Tinggi)
Procedural Posture: Bankruptcy Proceeding / Appeal to Judge in Chambers (re‑hearing)
Outcome: Appeal allowed; Bankruptcy Order dated 27/08/2020 struck out
Legal Topics: Setting Aside Bankruptcy Order, Service and Filing of Form 45, Right to Be Heard, Insolvency Rules 2017 Rules 116 and 117, Appeal to Judge in Chambers
Source Language: Malay/English

Case Brief

Summary, issues, holding and outcome

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Authorities cited 8 Party arguments 1 Amounts and remedies 3

Muhamad Redza bin Adzmi

Judgment Debtor/appellant

Affin Bank Berhad

Judgment Creditor/respondent

Bankruptcy Proceeding / Appeal to Judge in Chambers (re‑hearing)

1 Whether the debtor was deprived of the right to show cause and to appear and give evidence before the Senior Assistant Registrar under rules 116 and 117 Insolvency Rules 2017
2 Whether the notice in Form 45 was validly filed and served in compliance with rule 116

Appeal allowed; Bankruptcy Order dated 27/08/2020 struck out

Bankruptcy Order dated 27/08/2020 made by the Senior Assistant Registrar under section 6 Insolvency Act 1967 is struck out
Costs of RM1,000.00 awarded (in favour of the Judgment Debtor)