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 High Court held the creditor acted reasonably by relying on the JPN search and the substituted service orders were properly made and complied with; the debtor's failure to update the JPN meant the creditor was entitled to rely on the JPN address; consequently the service of the Bankruptcy Notice and Creditor's Petition and the Adjudication and Receiving Orders were valid and the appeal by the creditor is allowed.

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 / Appeal to High Court Judge in Chambers Against Senior Assistant Registrar's Order Dated 28.1.2022
Outcome
Appeal allowed
Legal Topics
Substituted Service, Bankruptcy Notice, Creditor's Petition, Adjudication Order, Receiving Order, Validation of Service, Statutory Registration Obligations
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Service of Process Administrative Law Substituted Service Bankruptcy Notice Creditor's Petition +4 more

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Parties

H. Dantti binti Mohamad

Judgment Debtor

CIMB Bank Berhad

Judgment Creditor

Procedural Posture

Bankruptcy/insolvency Appeal / Appeal to High Court Judge in Chambers Against Senior Assistant Registrar's Order Dated 28.1.2022

Legal Issues

  1. 1 Whether substituted service orders and substituted service of the Bankruptcy Notice and Creditor's Petition were valid
  2. 2 Whether the Judgment Creditor misled the Court by using an incorrect address and whether that invalidates the proceedings
  3. 3 Whether the Adjudication Order and Receiving Order should be set aside

Ratio Decidendi

The High Court held the creditor acted reasonably by relying on the JPN search and the substituted service orders were properly made and complied with; the debtor's failure to update the JPN meant the creditor was entitled to rely on the JPN address; consequently the service of the Bankruptcy Notice and Creditor's Petition and the Adjudication and Receiving Orders were valid and the appeal by the creditor is allowed.

Court Disposition

Appeal allowed

Orders

  • Order of Senior Assistant Registrar dated 28.1.2022 set aside
  • Judgment Creditor's appeal allowed