PEMIUTANG PENGHAKIMAN CIMB BANK BERHAD PENGHUTANG PENGHAKIMAN H DANTTI BINTI MOHAMAD

PEMIUTANG PENGHAKIMAN CIMB BANK BERHAD PENGHUTANG PENGHAKIMAN H DANTTI BINTI MOHAMAD

The court held that the substituted service orders and subsequent service were valid because the Judgment Creditor had reasonably relied on JPN search results and complied with procedural rules; the Judgment Debtor's failure to update JPN records prevented her challenge; consequently the Bankruptcy Notice, Creditor's Petition and Adjudication/Receiving Orders were not nullified and the appeal by the Judgment 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
Insolvency/bankruptcy / Appeal to Judge in Chambers From Decision of Senior Assistant Registrar
Outcome
Appeal allowed
Legal Topics
Substituted Service, Bankruptcy Notice, Creditors Petition, Adjudication and Receiving Orders, Service of Process, Compliance With National Registration Regulations, Set Aside Applications, Ex Turpi Causa
Source Language
Malay/English
Insolvency Law Civil Procedure Administrative/registration Law Substituted Service Bankruptcy Notice Creditors Petition Adjudication and Receiving Orders Service of Process +3 more

Case Brief

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Parties

H. Dantti binti Mohamad

Judgment Debtor

CIMB Bank Berhad

Judgment Creditor

Procedural Posture

Insolvency/bankruptcy / Appeal to Judge in Chambers From Decision of Senior Assistant Registrar

Legal Issues

  1. 1 Whether substituted service orders (28.5.2012 and 18.4.2013) and consequent service of the Bankruptcy Notice and Creditor's Petition were valid
  2. 2 Whether the Adjudication Order and Receiving Order should be set aside due to alleged use of incorrect address and misleading the court
  3. 3 Whether the Judgment Creditor was justified in relying on JPN search results for address verification

Ratio Decidendi

The court held that the substituted service orders and subsequent service were valid because the Judgment Creditor had reasonably relied on JPN search results and complied with procedural rules; the Judgment Debtor's failure to update JPN records prevented her challenge; consequently the Bankruptcy Notice, Creditor's Petition and Adjudication/Receiving Orders were not nullified and the appeal by the Judgment Creditor succeeds.

Court Disposition

Appeal allowed

Orders

  • Decision of Senior Assistant Registrar set aside
  • Judgment Debtor's Summons (Enclosure 1) to set aside BN, SS Orders, CP and AO & RO dismissed