10 Jul 2024
PEMIUTANG PENGHAKIMAN BANK KERJASAMA RAKYAT MALAYSIA BERHAD PENGHUTANG PENGHAKIMAN 1. ) NURSARAH BINTI AHMAD RAAIBI 2. ) Jabatan Insolvensi Malaysia
- Citation
- JA-29PB-58-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-29PB-58-02/2024 (Mahkamah Tinggi)
The court held that the Director General of Insolvency improperly exercised his discretion under s.33C by failing to consider and record the statutory factors in s.33C(2) and by failing to convene the first creditors' meeting as required for bankruptcies predating the 2023 Amendment; the DGI's decision therefore warranted judicial intervention and the court granted the applicant's request to suspend the automatic discharge for two years (10.7.2024–9.7.2026). The court also dismissed the preliminary objection regarding the timeliness of the DGI's affidavit.