21 Oct 2024
PEMIUTANG PENGHAKIMAN 1. ) CHAN CHEE CHIU 2. ) CHAN KENG SENG, HUBERT PENGHUTANG PENGHAKIMAN 1. ) KETUA PENGARAH JABATAN INSOLVENSI MALAYSIA 2. ) DR. MUBARAK CHAN CHIN CHEUNG
- Citation
- WA-29PB-359-03/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-29PB-359-03/2024 (Mahkamah Tinggi)
The appeal was dismissed because the DGI's decision to discharge the Judgment Debtor, without accounting for significant existing and anticipated dividends and outstanding creditor claims, would prejudice creditors and amount to an abuse of the discharge power; under section 33B(4) the appropriate and only available remedy is to suspend issuance of the discharge certificate for two years, which the Registrar's order did and which the High Court upheld.