Malaysia Case Law: Decisions & Judgments

Topic

Set aside bankruptcy notice

Legal area

Court

17 Feb 2023

PEMIUTANG PENGHAKIMAN 1. ) Menara Jutamas Sdn Bhd 2. ) Amcorp Global Limited (dahulu dikenali sebagai Tee Land Limited) PENGHUTANG PENGHAKIMAN Abdul Kadir Bin Haji Sheikh Fadzir

Citation

WA-29NCC-928-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-928-07/2022 (Mahkamah Tinggi)

The court found the creditors had exhausted available enforcement against the principal debtor, the transfer to the Kuala Lumpur registry was valid and jurisdictional objections were academic, the claimed amount represented the judgment, costs and accrued interest within the statutory limitation period, and the debtor’s challenges lacked merit; therefore the debtor’s applications to set aside the bankruptcy notice and related affidavit were dismissed and permission to continue bankruptcy proceedings was and remained properly granted.
2 Sept 2022

PEMIUTANG PENGHAKIMAN CHEN KHAI VOON PENGHUTANG PENGHAKIMAN LIM BENG GUAN

Citation

WA-29NCC-749-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-749-06/2022 (Mahkamah Tinggi)

The application to set aside the Bankruptcy Notice was dismissed because the Judgment Debtor did not invoke any enabling provision under the Insolvency Act or Rules, relied on an inapplicable statutory provision (section 6(4) IA), failed to tender payment or otherwise discharge the monetary debt of RM9,526,113.84 as required by the Notice, and did not properly apply for a stay of proceedings; pending appeal does not automatically invalidate or stay a Bankruptcy Notice.
3 Feb 2022

Azzahra Binti Roslee for the Appellant/Judgment Creditor [Messrs Yeoh Mazlina & Partners] Dinesh Kanavaji and Mellissa Ram for the Respondent/Judgment Debtor [Messrs Melissa Ram]

Citation

BANKRUPTCY NO. WA-29NCC-66-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BANKRUPTCY NO. WA-29NCC-66-01/2020 (Mahkamah Tinggi)

Court granted extension of time because the MCO constituted a special circumstance preventing the debtor from acting within seven days; on the evidence and on balance of probabilities the hire-purchase agreement was revived by mutual conduct and accepted payments, thereby superseding and varying the original 2014 judgment so non-compliance could not constitute an act of bankruptcy; the interest claimed was inaccurate and excessive; accordingly the creditor's appeal was dismissed and costs awarded to the debtor.
9 Oct 2020

Ng Chia How for the Appellant/Judgment Creditor [Messrs Chia Koay & Teng] Ambi Balakrishnan for the Respondent/Judgment Debtor [Messrs Shukor Baljit & Partners]

Citation

BANKRUPTCY PROCEEDINGS NO. WA-29NCC-3642-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BANKRUPTCY PROCEEDINGS NO. WA-29NCC-3642-11/2019 (Mahkamah Tinggi)

The bankruptcy notice was defective because the underlying judgment did not specify joint and several liability for the costs; therefore the judgment debtor was only liable for one third of the RM350,000 costs and the bankruptcy notice claiming the full sum (after deductions and interest) did not comply with the judgment. The learned registrar's decision to set aside the bankruptcy notice was rightly affirmed.
9 Oct 2020

Ng Chia How for the Appellant/Judgment Creditor [Messrs Chia Koay & Teng] Ambi Balakrishnan for the Respondent/Judgment Debtor [Messrs Shukor Baljit & Partners]

Citation

BANKRUPTCY PROCEEDINGS NO. WA-29NCC-3642-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BANKRUPTCY PROCEEDINGS NO. WA-29NCC-3642-11/2019 (Mahkamah Tinggi)

The BN was defective because it sought the entire judgment costs contrary to the clear terms of the judgment which did not specify joint and several liability; the judgment debtor was only liable to one third of the costs and the bankruptcy court must not go behind the judgment, therefore the registrar's order setting aside the BN is affirmed (though interest on costs may otherwise be claimable under the Rules of Court).
10 Sept 2020

Yeoh Jit Wei for the Appellant Judgment Debtor [Messrs JW Yeoh & Fenn] Ivan Ho for the Respondent Judgment Debtor [Messrs Ho & Rakan-rakan]

Citation

DALAM KEBANKRAPAN NO. WA-29NCC-1559-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DALAM KEBANKRAPAN NO. WA-29NCC-1559-05/2019 (Mahkamah Tinggi)

Because the summary judgment was silent as to joint and several liability, the Judgment Debtor could not be treated as liable for the entire judgment sum in bankruptcy proceedings; the bankruptcy notice incorrectly claimed the full sum against the JD and therefore was invalid and set aside.

Malaysia Case Law

PEMIUTANG PENGHAKIMAN 1. ) Menara Jutamas Sdn Bhd 2. ) Amcorp Global Limited (dahulu dikenali sebagai Tee Land Limited) PENGHUTANG PENGHAKIMAN Abdul Kadir Bin Haji Sheikh Fadzir

PEMIUTANG PENGHAKIMAN CHEN KHAI VOON PENGHUTANG PENGHAKIMAN LIM BENG GUAN

Azzahra Binti Roslee for the Appellant/Judgment Creditor [Messrs Yeoh Mazlina & Partners] Dinesh Kanavaji and Mellissa Ram for the Respondent/Judgment Debtor [Messrs Melissa Ram]

Ng Chia How for the Appellant/Judgment Creditor [Messrs Chia Koay & Teng] Ambi Balakrishnan for the Respondent/Judgment Debtor [Messrs Shukor Baljit & Partners]

Ng Chia How for the Appellant/Judgment Creditor [Messrs Chia Koay & Teng] Ambi Balakrishnan for the Respondent/Judgment Debtor [Messrs Shukor Baljit & Partners]

Yeoh Jit Wei for the Appellant Judgment Debtor [Messrs JW Yeoh & Fenn] Ivan Ho for the Respondent Judgment Debtor [Messrs Ho & Rakan-rakan]