PEMIUTANG PENGHAKIMAN Hida Yazlin binti Mazlan for the Judgment Creditor [Messrs Rajes Hisham Rahim & Gopal] PENGHUTANG PENGHAKIMAN Abdul Rashid bin Akhir for the Judgment Debtor [Messrs Abdul Rashid Abd Rahman & Co.]

PEMIUTANG PENGHAKIMAN Hida Yazlin binti Mazlan for the Judgment Creditor [Messrs Rajes Hisham Rahim & Gopal] PENGHUTANG PENGHAKIMAN Abdul Rashid bin Akhir for the Judgment Debtor [Messrs Abdul Rashid Abd Rahman & Co.]

The Court held the substituted service orders were validly obtained and executed, the Judgment Creditor acted reasonably in relying on the JPN search to determine the debtor's address, and the debtor's failure to update JPN records prevented relief; therefore the Bankruptcy Notice, Creditor's Petition and resultant Adjudication and Receiving Orders were not nullified and the appeal by the creditor succeeds.

Citation
WA-29PB-925-10/2021 (Mahkamah Tinggi)
Parties
Judgment Debtor: H. Dantti binti Mohamad; Judgment Creditor: CIMB Bank Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 July 2022
Case Number
WA-29PB-925-10/2021 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy/insolvency / Appeal to High Court Judge in Chambers Against Senior Assistant Registrar's Decision
Outcome
Appeal allowed
Legal Topics
Substituted Service, Bankruptcy Notice, Creditor's Petition, Adjudication and Receiving Orders, Proof of Address/jpn Search, Compliance With National Registration Regulations
Source Language
Malay/English
Bankruptcy Law Civil Procedure Administrative Compliance (registration) Substituted Service Bankruptcy Notice Creditor's Petition Adjudication and Receiving Orders Proof of Address/jpn Search +1 more

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Parties

H. Dantti binti Mohamad

Judgment Debtor

CIMB Bank Berhad

Judgment Creditor

Procedural Posture

Bankruptcy/insolvency / Appeal to High Court Judge in Chambers Against Senior Assistant Registrar's Decision

Legal Issues

  1. 1 Whether substituted service orders and subsequent service of the Bankruptcy Notice and Creditor's Petition were valid despite incorrect address information
  2. 2 Whether the Judgment Creditor acted reasonably in relying on JPN search results for the debtor's address
  3. 3 Whether the Adjudication Order and Receiving Order should be set aside due to alleged misdirection of the Court by incorrect address information

Ratio Decidendi

The Court held the substituted service orders were validly obtained and executed, the Judgment Creditor acted reasonably in relying on the JPN search to determine the debtor's address, and the debtor's failure to update JPN records prevented relief; therefore the Bankruptcy Notice, Creditor's Petition and resultant Adjudication and Receiving Orders were not nullified and the appeal by the creditor succeeds.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Judgment Debtor's summons to set aside the AO & RO dismissed