PEMIUTANG PENGHAKIMAN RESORTS WORLD AT SENTOSA PTE LTD PENGHUTANG PENGHAKIMAN WANG HAI

PEMIUTANG PENGHAKIMAN RESORTS WORLD AT SENTOSA PTE LTD PENGHUTANG PENGHAKIMAN WANG HAI

The court held the substituted service orders were irregular and liable to be set aside because JC failed to disclose and take account of a contractual service clause (clause r) identifying the debtor's Chinese residential and business addresses and failed to apply for service out of jurisdiction when material evidence showed the debtor was outside Malaysia; the ex parte application therefore lacked full and frank disclosure and the substituted service orders were set aside with costs.

Citation
JA-29NCC-1269-12/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: Wang Hai; Judgment Creditor: Resorts World at Sentosa Pte Ltd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 October 2022
Case Number
JA-29NCC-1269-12/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Application to Set Aside Substituted Service of Bankruptcy Notice and Creditor's Petition (post Adjudication)
Outcome
Applications by the judgment debtor to set aside substituted service granted; substituted service orders declared irregular and set aside
Legal Topics
Substituted Service, Service Out of Jurisdiction, Enforcement of Foreign Judgment, Contractual Service Clause, Ex Parte Disclosure Obligations, Practice Directions on Service
Source Language
Malay/English
Bankruptcy Civil Procedure Contract Law Conflict of Laws Substituted Service Service Out of Jurisdiction Enforcement of Foreign Judgment Contractual Service Clause +2 more

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Parties

Wang Hai

Judgment Debtor

Resorts World at Sentosa Pte Ltd

Judgment Creditor

Procedural Posture

Bankruptcy / Application to Set Aside Substituted Service of Bankruptcy Notice and Creditor's Petition (post Adjudication)

Legal Issues

  1. 1 Whether substituted service of the bankruptcy notice and creditor's petition was lawful given the debtor's asserted presence abroad and contractual service clause
  2. 2 Whether the creditor made full and frank disclosure of the contractual service clause in ex parte application for substituted service
  3. 3 Whether service should have been ordered out of jurisdiction under the rules when debtor was not in Malaysia

Ratio Decidendi

The court held the substituted service orders were irregular and liable to be set aside because JC failed to disclose and take account of a contractual service clause (clause r) identifying the debtor's Chinese residential and business addresses and failed to apply for service out of jurisdiction when material evidence showed the debtor was outside Malaysia; the ex parte application therefore lacked full and frank disclosure and the substituted service orders were set aside with costs.

Court Disposition

Applications by the judgment debtor to set aside substituted service granted; substituted service orders declared irregular and set aside

Orders

  • Perintah Penyampaian Ganti bagi Notis Kebankrapan dan Petisyen Pemiutang diketepikan (set aside)
  • Permohonan Lampiran 36 dan Lampiran 38 dibenarkan