PEMIUTANG PENGHAKIMAN Bank Pertanian Malaysia Berhad PENGHUTANG PENGHAKIMAN Liew Hon Kong @ Liew Kwn Voon

PEMIUTANG PENGHAKIMAN Bank Pertanian Malaysia Berhad PENGHUTANG PENGHAKIMAN Liew Hon Kong @ Liew Kwn Voon

The High Court allowed a stay under s.97 Insolvency Act 1967 because the judgment debtor demonstrated 'sufficient reason'—a credible, meritorious appeal raising serious points of law (notably which Act applies and the validity of the creditor's petition against a guarantor) that could determine the continuation of the bankruptcy proceedings—and the registrar should have adjourned or stayed the petition pending disposal of that appeal; the creditor suffered no irremediable prejudice that would outweigh the debtor's hardship.

Citation
WA-29NCC-4238-09/2017 (Mahkamah Tinggi)
Parties
Judgment Debtor: Liew Hon Kong @ Liew Kwan Voon; Judgment Creditor: Bank Pertanian Malaysia Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 January 2020
Case Number
WA-29NCC-4238-09/2017 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (insolvency) / Appeal From Senior Assistant Registrar (rehearing); Stay Application Heard and Determined; Stay Granted Pending Court of Appeal
Outcome
Stay granted
Legal Topics
Stay of Proceedings, Receiving Order, Adjudication Order, Bankruptcy Notice, Applicability of Insolvency Act 1967 Vs Bankruptcy Act 1967, Jurisdiction, Appeal
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Stay of Proceedings Receiving Order Adjudication Order Bankruptcy Notice Applicability of Insolvency Act 1967 Vs Bankruptcy Act 1967 +2 more

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Parties

Liew Hon Kong @ Liew Kwan Voon

Judgment Debtor

Bank Pertanian Malaysia Berhad

Judgment Creditor

Procedural Posture

Bankruptcy (insolvency) / Appeal From Senior Assistant Registrar (rehearing); Stay Application Heard and Determined; Stay Granted Pending Court of Appeal

Legal Issues

  1. 1 Whether a stay under s.97 Insolvency Act 1967 should be granted
  2. 2 Whether Insolvency Act 1967 or Bankruptcy Act 1967 applies given chronology of proceedings
  3. 3 Whether creditor complied with statutory preconditions (eg. s.5(3) and leave) before issuing creditor's petition against a guarantor

Ratio Decidendi

The High Court allowed a stay under s.97 Insolvency Act 1967 because the judgment debtor demonstrated 'sufficient reason'—a credible, meritorious appeal raising serious points of law (notably which Act applies and the validity of the creditor's petition against a guarantor) that could determine the continuation of the bankruptcy proceedings—and the registrar should have adjourned or stayed the petition pending disposal of that appeal; the creditor suffered no irremediable prejudice that would outweigh the debtor's hardship.

Court Disposition

Stay granted

Orders

  • Stay of the bankruptcy proceedings under Enclosure 84 until the appeal to the Court of Appeal is disposed of
  • Enclosure 103 fixed for further case management pending disposal of the Court of Appeal appeal