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.