Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 6(3) insolvency act 1967

Legal area

Court

21 Jan 2026

PEMIUTANG PENGHAKIMAN AMBANK (M) BERHAD PENGHUTANG PENGHAKIMAN FOK WAI MUN

Citation

WA-29NCC-1462-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-1462-11/2023 (Mahkamah Tinggi)

The appeal was allowed because the creditor was not legally obliged to attend the creditors' meetings and its failure to attend was not unreasonable; the debtor's Rule 11 proposal was commercially unviable and unsupported by assets or proof of ability to make the proposed payments, and therefore the creditor's non-attendance did not constitute "sufficient cause" under s.6(3) IA to dismiss the creditor's petition.
19 May 2023

PEMIUTANG PENGHAKIMAN MAM TEGUH SDN BHD PENGHUTANG PENGHAKIMAN AZMI BIN ARIFIN

Citation

WA-29NCC-192-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-192-02/2022 (Mahkamah Tinggi)

The Summons was dismissed because the debtor failed to show ability to pay the full amount stated in the Bankruptcy Notice or to make a bona fide settlement offer; a solitary unsolicited partial payment of RM9,000 did not dispel the act of bankruptcy or bar the petition and the court retains discretion under s6(3) to allow the petition despite reduction below the statutory threshold where payments are partial or not continued.