PEMIUTANG PENGHAKIMAN Siti Aisyah binti Yusoff for the Respondent/Judgment Creditor [Lembaga Hasil Dalam Negeri, Wilayah Persekutuan Kuala Lumpur] PENGHUTANG PENGHAKIMAN Darshnan Kumar a/l P Gopala Krishnan for the Appellant/Judgment Debtor

PEMIUTANG PENGHAKIMAN Siti Aisyah binti Yusoff for the Respondent/Judgment Creditor [Lembaga Hasil Dalam Negeri, Wilayah Persekutuan Kuala Lumpur] PENGHUTANG PENGHAKIMAN Darshnan Kumar a/l P Gopala Krishnan for the Appellant/Judgment Debtor

The High Court found the substituted service orders were validly obtained and implemented at the appellant's recorded correspondence address (Taman Desa); appellant failed to prove non receipt or that service was improper; appellant had notice of proceedings and attempted to evade service; annulment under s105 was not available absent proof of full payment of debts; appeal dismissed with costs.

Citation
POST BANKRUPTCY NO. WA-29PB-41-02/2021 (Mahkamah Tinggi)
Parties
Appellant/judgment Debtor: Cheong Yong Yin; Respondent/judgment Creditor: Lembaga Hasil Dalam Negeri, Wilayah Persekutuan Kuala Lumpur
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 November 2021
Case Number
POST BANKRUPTCY NO. WA-29PB-41-02/2021 (Mahkamah Tinggi)
Procedural Posture
Post Bankruptcy Appeal Under Insolvency Act 1967 / Appeal to High Court (judge in Chambers) From Deputy Registrar's Decision
Outcome
Appeal dismissed
Legal Topics
Substituted Service, Service of Process, Annulment of Bankruptcy Order, Section 105 Insolvency Act 1967, Change of Address Notification, Practice Directions Vs. Law, Costs
Source Language
Malay/English
Insolvency Bankruptcy Civil Procedure Tax Law Substituted Service Service of Process Annulment of Bankruptcy Order Section 105 Insolvency Act 1967 +3 more

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Parties

Cheong Yong Yin

Appellant/judgment Debtor

Lembaga Hasil Dalam Negeri, Wilayah Persekutuan Kuala Lumpur

Respondent/judgment Creditor

Procedural Posture

Post Bankruptcy Appeal Under Insolvency Act 1967 / Appeal to High Court (judge in Chambers) From Deputy Registrar's Decision

Legal Issues

  1. 1 Whether substituted service orders were validly obtained and complied with
  2. 2 Whether the bankruptcy notice and creditor's petition were personally served or properly served by substituted service
  3. 3 Whether the Adjudication and Receiving Order (AORO) should be annulled under section 105 Insolvency Act 1967

Ratio Decidendi

The High Court found the substituted service orders were validly obtained and implemented at the appellant's recorded correspondence address (Taman Desa); appellant failed to prove non receipt or that service was improper; appellant had notice of proceedings and attempted to evade service; annulment under s105 was not available absent proof of full payment of debts; appeal dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of RM5,000 to be paid by the Appellant to the Respondent