PEMIUTANG PENGHAKIMAN Standard Chartered Saadiq Berhad PENGHUTANG PENGHAKIMAN Dewana a/p Tara Singh

PEMIUTANG PENGHAKIMAN Standard Chartered Saadiq Berhad PENGHUTANG PENGHAKIMAN Dewana a/p Tara Singh

Appeal allowed and AO&RO dated 11.04.2023 set aside because material allegations in the debtor's Rule 116 affidavit raised genuine doubts about the petitioning creditor's case which the creditor did not answer by affidavit; the timing defect of the verifying affidavit was not fatal on the facts and precedents relied on, and res judicata was not established where the petitioning creditor failed to show prior adjudication of the same issues on the merits.

Citation
PA-29NCC-548-06/2018 (Mahkamah Tinggi)
Parties
Judgment Debtor: Dewana a/p Tara Singh; Judgment Creditor: Standard Chartered Saadiq Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 October 2023
Case Number
PA-29NCC-548-06/2018 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Petition / Appeal From Senior Assistant Registrar Decision (hearing De Novo)
Outcome
Appeal allowed; AO&RO dated 11.04.2023 set aside; no order as to costs
Legal Topics
Verification of Petition Affidavit, Rule 116 Notice of Intention to Oppose, Section 6(2) Bankruptcy Act 1967 (proof of Debt), Res Judicata, Annulment/set Aside of Bankruptcy Order
Source Language
Malay/English
Bankruptcy Insolvency Civil Procedure Verification of Petition Affidavit Rule 116 Notice of Intention to Oppose Section 6(2) Bankruptcy Act 1967 (proof of Debt) Res Judicata Annulment/set Aside of Bankruptcy Order

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Parties

Dewana a/p Tara Singh

Judgment Debtor

Standard Chartered Saadiq Berhad

Judgment Creditor

Procedural Posture

Bankruptcy Petition / Appeal From Senior Assistant Registrar Decision (hearing De Novo)

Legal Issues

  1. 1 Whether verifying affidavit sworn before petition filing vitiates petition
  2. 2 Whether Registrar/Assistant Registrar erred by not hearing or failing to properly decide Notice of Intention to Oppose filed under Rule 116
  3. 3 Whether Section 6(2) BA 1967 required personal attendance or further proof of debt and whether failure to require proof vitiates jurisdiction

Ratio Decidendi

Appeal allowed and AO&RO dated 11.04.2023 set aside because material allegations in the debtor's Rule 116 affidavit raised genuine doubts about the petitioning creditor's case which the creditor did not answer by affidavit; the timing defect of the verifying affidavit was not fatal on the facts and precedents relied on, and res judicata was not established where the petitioning creditor failed to show prior adjudication of the same issues on the merits.

Court Disposition

Appeal allowed; AO&RO dated 11.04.2023 set aside; no order as to costs

Orders

  • Appeal allowed
  • Order of bankruptcy (AO&RO) dated 11.04.2023 set aside