Malaysia Case Law: Decisions & Judgments

Topic

Director general of insolvency report

Legal area

Court

24 Mar 2023

PEMIUTANG PENGHAKIMAN Malayan Banking Berhad PENGHUTANG PENGHAKIMAN Liew Suat Ngoh PIHAK TERKILAN KETUA PENGARAH JABATAN INSOLVENSI MALAYSIA

Citation

WA-29PB-757-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29PB-757-07/2022 (Mahkamah Tinggi)

Discharge was dismissed because the DGI report was incomplete and did not adequately investigate the bankrupt's assets and affairs, the bankrupt filed her Statement of Affairs late amounting to an offence/contempt under the Act, and the declared dividend (1%) was manifestly inadequate; on these grounds and to protect creditors and public commercial morality the court refused discharge.
18 Jun 2021

Wan Shahrizal Wan Ladin for the Appellant Bankrupt [Messrs Wan Shahrizal, Hari & Co.] LAIN-LAIN 1. ) Dahrick Sivam for Malayan Banking Berhad, the Opposing Creditor [Messrs Albar & Partners] 2. ) Priscilla Deng [Official Assignee, Jabatan I

Citation

IN THE BANKRUPTCY NO. WA-29PB-401-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

IN THE BANKRUPTCY NO. WA-29PB-401-07/2019 (Mahkamah Tinggi)

The appeal is allowed and discharge granted because the court, exercising its wide discretion under s33, accepted the favorable DGI report and evidence of the bankrupt's satisfactory conduct and payments, found the bankruptcy was caused by guarantor circumstances beyond his control, noted creditors (including liquidators) did not oppose, and that MBB failed to properly raise or prove offences/non‑disclosure so as to bar discharge.

Malaysia Case Law

PEMIUTANG PENGHAKIMAN Malayan Banking Berhad PENGHUTANG PENGHAKIMAN Liew Suat Ngoh PIHAK TERKILAN KETUA PENGARAH JABATAN INSOLVENSI MALAYSIA

Wan Shahrizal Wan Ladin for the Appellant Bankrupt [Messrs Wan Shahrizal, Hari & Co.] LAIN-LAIN 1. ) Dahrick Sivam for Malayan Banking Berhad, the Opposing Creditor [Messrs Albar & Partners] 2. ) Priscilla Deng [Official Assignee, Jabatan I