PEMIUTANG PENGHAKIMAN PAN MALAYSIAN ENTERPRISES SDN BHD PENGHUTANG PENGHAKIMAN ONG KEH KEONG

PEMIUTANG PENGHAKIMAN PAN MALAYSIAN ENTERPRISES SDN BHD PENGHUTANG PENGHAKIMAN ONG KEH KEONG

The administrative transfer by the registrar from NCC 2 to the Bankruptcy Court, which changed the case number and court with no judicial transfer order or application under Order 57 ROC, was void; furthermore the originating summons did not comply with rule 17 IR for leave under rule 89(4) IR; accordingly the Bankruptcy Court lacked jurisdiction to hear Encl.1 and the application is struck out with costs and liberty to file afresh.

Citation
WA-29NCC-557-05/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor: PAN MALAYSIAN ENTERPRISES SDN BHD; Judgment Debtor: ONG KEH KEONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 July 2022
Case Number
WA-29NCC-557-05/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Leave Application / Preliminary Objections Hearing (application Struck Out)
Outcome
Preliminary objection allowed; application in Encl.1 struck out for want of jurisdiction and non-compliance with Insolvency Rules
Legal Topics
Transfer of Proceedings, Leave to Commence Bankruptcy, Preliminary Objection, Rules of Court, Registry Administrative Transfer, Compliance With Insolvency Rules
Source Language
Malay/English
Bankruptcy Civil Procedure Jurisdiction Transfer of Proceedings Leave to Commence Bankruptcy Preliminary Objection Rules of Court Registry Administrative Transfer +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

PAN MALAYSIAN ENTERPRISES SDN BHD

Judgment Creditor

ONG KEH KEONG

Judgment Debtor

Procedural Posture

Bankruptcy Leave Application / Preliminary Objections Hearing (application Struck Out)

Legal Issues

  1. 1 Whether the High Court (Bankruptcy Court) has jurisdiction where a case was transferred administratively by a registrar from Commercial Division to Bankruptcy Division without a judicial transfer order
  2. 2 Whether a registrar may effect a transfer that changes the court's jurisdiction and case number absent an application under Order 57 ROC
  3. 3 Whether the Originating Summons complied with rule 17 of the Insolvency Rules 2017 and rule 89(4) IR requirement for leave to commence bankruptcy proceedings

Ratio Decidendi

The administrative transfer by the registrar from NCC 2 to the Bankruptcy Court, which changed the case number and court with no judicial transfer order or application under Order 57 ROC, was void; furthermore the originating summons did not comply with rule 17 IR for leave under rule 89(4) IR; accordingly the Bankruptcy Court lacked jurisdiction to hear Encl.1 and the application is struck out with costs and liberty to file afresh.

Court Disposition

Preliminary objection allowed; application in Encl.1 struck out for want of jurisdiction and non-compliance with Insolvency Rules

Orders

  • Application in Encl.1 struck out
  • Costs to be paid by Judgment Creditor subject to allocatur