EX-PARTE : MALAYAN BANKING BERHAD ( NO. SYARIKAT: 3813-K) PENGHUTANG PENGHAKIMAN TAN BON KIAT (NRIC: 480521-01-5685)

EX-PARTE : MALAYAN BANKING BERHAD ( NO. SYARIKAT: 3813-K) PENGHUTANG PENGHAKIMAN TAN BON KIAT (NRIC: 480521-01-5685)

The appeal was dismissed because it was academic in light of an existing Bankruptcy Order, the JD's offer of three properties was unsubstantiated and insufficient to prevent bankruptcy, and the SAR correctly exercised discretion in dismissing repetitive, unmeritorious applications amounting to abuse of process.

Citation
JA-29NCC-1551-09/2018 (Mahkamah Tinggi)
Parties
Judgment Debtor: Tan Bon Kiat; Judgment Creditor: Malayan Banking Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 October 2019
Case Number
JA-29NCC-1551-09/2018 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Appeal / High Court Judgment on Appeal From Senior Assistant Registrar
Outcome
Appeal dismissed
Legal Topics
Stay of Proceedings, Creditor's Petition, Bankruptcy Notice, Security for Judgment, Summary Judgment, Abuse of Process, Costs
Source Language
Malay/English
Bankruptcy Civil Procedure Debt Recovery Stay of Proceedings Creditor's Petition Bankruptcy Notice Security for Judgment Summary Judgment +2 more

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Parties

Tan Bon Kiat

Judgment Debtor

Malayan Banking Berhad

Judgment Creditor

Procedural Posture

Bankruptcy Appeal / High Court Judgment on Appeal From Senior Assistant Registrar

Legal Issues

  1. 1 Whether the SAR erred in dismissing the application to stay the Creditor's Petition
  2. 2 Whether the offer of three properties as security negated any act of bankruptcy
  3. 3 Whether the JD was denied procedural fairness in oral submissions

Ratio Decidendi

The appeal was dismissed because it was academic in light of an existing Bankruptcy Order, the JD's offer of three properties was unsubstantiated and insufficient to prevent bankruptcy, and the SAR correctly exercised discretion in dismissing repetitive, unmeritorious applications amounting to abuse of process.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of MYR3,000 (subject to allocatur fees)