PEMIUTANG PENGHAKIMAN Chai Ko Thing and Jolyn Ch’ng Wi Fern for the Respondent/Judgment Creditor [Messrs Lee Ong & Partners (Petaling Jaya)] PENGHUTANG PENGHAKIMAN Tan Chun Ming and Fong Peng Huei for the Appellant/Judgment Debtor [Messrs J

PEMIUTANG PENGHAKIMAN Chai Ko Thing and Jolyn Ch’ng Wi Fern for the Respondent/Judgment Creditor [Messrs Lee Ong & Partners (Petaling Jaya)] PENGHUTANG PENGHAKIMAN Tan Chun Ming and Fong Peng Huei for the Appellant/Judgment Debtor [Messrs J

The appeal was dismissed because the substituted service applications were valid despite references to the Bankruptcy Rules 1969, adequate attempts at personal service were proved, the underlying default judgment was final and enforceable until set aside, the liquidated sums stated met the statutory threshold for bankruptcy proceedings, the debtor failed to give timely notice of any counterclaim or set-off and thus committed an act of bankruptcy, and the delay in filing to set aside was excused by pandemic-related restrictions.

Citation
KEBANKRAPAN NO.: WA-29NCC-2174-12/2020 (Mahkamah Tinggi)
Parties
Judgment Debtor: Liew Jin Hui; Judgment Creditor: Weng Meng Industries Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 March 2022
Case Number
KEBANKRAPAN NO.: WA-29NCC-2174-12/2020 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy (creditor's Petition) / Appeal to Judge in Chambers From Decision of Penolong Kanan Pendaftar
Outcome
Appeal dismissed
Legal Topics
Substituted Service, Service Under Insolvency Rules 2017, Bankruptcy Notice, Creditor's Petition, Default Judgment and Finality, Assessment of Unliquidated Damages, Counterclaim/set Off, Delay and Excuse (mco)
Source Language
Malay/English
Insolvency/bankruptcy Civil Procedure Substituted Service Service Under Insolvency Rules 2017 Bankruptcy Notice Creditor's Petition Default Judgment and Finality Assessment of Unliquidated Damages +2 more

Case Brief

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Parties

Liew Jin Hui

Judgment Debtor

Weng Meng Industries Sdn Bhd

Judgment Creditor

Procedural Posture

Bankruptcy (creditor's Petition) / Appeal to Judge in Chambers From Decision of Penolong Kanan Pendaftar

Legal Issues

  1. 1 Whether substituted service effected under applications referring to Bankruptcy Rules 1969 was valid under Insolvency Rules 2017
  2. 2 Whether sufficient reasonable attempts were made to effect personal service before substituted service
  3. 3 Whether the underlying judgment was final, enforceable and whether the amounts in the Bankruptcy Notice and Creditor's Petition were certain

Ratio Decidendi

The appeal was dismissed because the substituted service applications were valid despite references to the Bankruptcy Rules 1969, adequate attempts at personal service were proved, the underlying default judgment was final and enforceable until set aside, the liquidated sums stated met the statutory threshold for bankruptcy proceedings, the debtor failed to give timely notice of any counterclaim or set-off and thus committed an act of bankruptcy, and the delay in filing to set aside was excused by pandemic-related restrictions.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Original decision of the Penolong Kanan Pendaftar dismissing Enclosure 23 is upheld and costs awarded to the Judgment Creditor