MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (2)

MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (2)

Because serious points of law that are likely to be decided by the Supreme Court on appeal were raised and authorities confirm the court may stay bankruptcy proceedings "at any time" for sufficient reason, the court exercised its discretion under s.97 to stay further proceedings until the appeal is heard and determined.

Citation
MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (2)
Parties
Petitioning Creditor: Malayan Banking Bhd.; Judgment Debtor: Datuk Lim Kheng Khim
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Bankruptcy / Application for Stay of Proceedings Pending Determination of Appeal to the Supreme Court
Outcome
Stay granted pending determination of the appeal to the Supreme Court.
Legal Topics
Stay of Proceedings, Receiving and Adjudication Order, Sufficient Reason, Binding Precedent
Source Language
en
Bankruptcy Civil Procedure Appeals Stay of Proceedings Receiving and Adjudication Order Sufficient Reason Binding Precedent

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Parties

Malayan Banking Bhd.

Petitioning Creditor

Datuk Lim Kheng Khim

Judgment Debtor

Procedural Posture

Bankruptcy / Application for Stay of Proceedings Pending Determination of Appeal to the Supreme Court

Legal Issues

  1. 1 Whether the court should exercise its discretion under s.97 to stay further bankruptcy proceedings pending an appeal to the Supreme Court
  2. 2 Whether the words "at any time" in s.97 include applications made after a receiving and adjudication order
  3. 3 Whether there are sufficient reasons to grant a stay where serious points of law will be decided by the Supreme Court

Ratio Decidendi

Because serious points of law that are likely to be decided by the Supreme Court on appeal were raised and authorities confirm the court may stay bankruptcy proceedings "at any time" for sufficient reason, the court exercised its discretion under s.97 to stay further proceedings until the appeal is heard and determined.

Court Disposition

Stay granted pending determination of the appeal to the Supreme Court.

Orders

  • Proceedings stayed until the appeal to the Supreme Court is heard and determined.