24 Sept 2020
GK Ganesan & Saran Gunasekaran for Respondent [Messrs GK Ganesan] PEMIUTANG PENGHAKIMAN 1. ) Alan A. Gomez for Appellant/Judgment Creditor, SEASAM [Messrs Tommy Thomas] 2. ) Ashley Tay for Judgment Creditor (Alliance Investment Bank) Suppor
- Citation
- KES KEBRANKAPAN NO. D8(D4)-29-3059-2005 (Mahkamah Tinggi)
- Court
- D4
- Case number
- KES KEBRANKAPAN NO. D8(D4)-29-3059-2005 (Mahkamah Tinggi)
Applicant entitled to appeal as a 'person aggrieved' under s92(2) but failed on the merits: DGI/Applicant did not prove that the 8 properties belonged to the bankrupt or that the Respondent was a nominee or that fraud existed; most transfers occurred more than five years before the bankruptcy order and are not void under s52; absent proof of fraud, Respondent's registered titles are indefeasible under Sarawak Land Code s132; therefore relief sought by DGI cannot be granted and appeal is dismissed.