Malaysia Case Law: Decisions & Judgments

Topic

Act of bankruptcy

Legal area

Court

5 Mar 2026

PEMIUTANG PENGHAKIMAN 1. ) Saling Bin Lau Bee Chiang 2. ) KAMIL BIN JANTAN 3. ) NORLIAH BINTI SALLEH 4. ) ANTOI BIN MABOT 5. ) MOHD NOR KAMISAN BIN WAHAB 6. ) TAN BIN JANTAN 7. ) SOOI TEE TOOTOI 8. ) SABTU BIN BATIN SALLEH 9. ) ISMAIL BIN J

Citation

WA-29NCC-306-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-306-03/2022 (Mahkamah Tinggi)

The deletion of three named petitioning creditors from a creditor's petition that was originally grounded on a collective act of bankruptcy by 26 creditors materially changed the character of the petition; following the Federal Court in Ambank v Lim Sue Beng this recharacterisation is fatal and invalidates the creditor's petition and any Bankruptcy Order made pursuant to it. Accordingly the appeal to set aside the petition succeeds and the consequent appeals setting aside the Bankruptcy Order are allowed.
9 Jul 2024

Abdul Rashid Bin Mohamad Isa PTT INTERNATIONAL TRADING PTE. LTD.

Citation

03-2-11/2023(B) (Mahkamah Persekutuan)
Court

B
Case number

03-2-11/2023(B) (Mahkamah Persekutuan)

Because the Rule 93 setting aside application remained unheard there was no subsisting act of bankruptcy to ground the Creditor's Petition; the Registrar's declaration of an act of bankruptcy was erroneous, therefore withdrawal with leave and liberty to file afresh was appropriate and did not terminate non-existent or improperly initiated proceedings; appeal dismissed.
26 Mar 2024

PEMIUTANG PENGHAKIMAN UEM LAND BERHAD PENGHUTANG PENGHAKIMAN WAN NORNAZIFAH BINTI WAN MANSOR

Citation

JA-29NCC-250-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29NCC-250-05/2023 (Mahkamah Tinggi)

The court held the solicitor‑sworn affidavit was admissible because the three conditions were satisfied; an act of bankruptcy is not deemed to have occurred while an application to set aside a bankruptcy notice remains pending under Rule 93, and because the debtor's earlier set‑aside application was only disposed of on 18/10/2023 the act of bankruptcy occurred on that date, rendering the petition filed 6/7/2023 premature and therefore the petition was dismissed; costs of RM1500 awarded and the stay application became academic.
25 Mar 2024

PEMIUTANG PENGHAKIMAN CIMB BANK BERHAD PENGHUTANG PENGHAKIMAN Anuar Bin Ahmad

Citation

PA-29NCC-98-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-29NCC-98-03/2021 (Mahkamah Tinggi)

The appeal fails because the judgment against multiple guarantors imposed joint and several liability permitting the creditor to pursue JD alone for the full judgment sum; the amounts stated in the BN and Amended CP were accurate when filed; dividends paid by the Insolvency Department after filing do not invalidate the petition so long as the remaining debt exceeds the statutory threshold and reductions will be addressed in proof of debt proceedings; JD failed to establish counterclaim/set‑off or other grounds to go behind the judgment, therefore the SAR's decision to allow proceedings stands.
17 Jan 2024

PEMIUTANG PENGHAKIMAN KUALA EXCEL SDN BHD PENGHUTANG PENGHAKIMAN CHUA LIANG HONG

Citation

WA-29NCC-1201-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-1201-11/2021 (Mahkamah Tinggi)

The court held the creditor's petition was valid because the act of bankruptcy occurred on 7 April 2022 when the Registrar dismissed the JD's application to set aside the Bankruptcy Notice under Rule 93(2), placing the petition within six months as required by section 5(1) of the Insolvency Act 1967, and the JD failed to produce credible evidence to rebut the authorised officer's authority so the petition's form was sufficient.
15 Aug 2023

PEMIUTANG PENGHAKIMAN PUA HUA KEONG PENGHUTANG PENGHAKIMAN KANAGASUNDRAM A/L RAJOO

Citation

WA-29NCC-570-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-570-02/2020 (Mahkamah Tinggi)

The saving provision in the Amendment Act preserves the pre-amendment RM50,000 threshold for petitions filed before 01.09.2021; the debtor failed to file any affidavit within seven days of service of the bankruptcy notice so the act of bankruptcy crystallised on expiry of that period and the creditor's petition was validly filed; the debtor failed to prove payment to the creditor's solicitors as no documentary receipt was produced — therefore both applications to set aside the bankruptcy notice and to oppose the creditor's petition are dismissed.
22 Jun 2023

PEMIUTANG PENGHAKIMAN A GANASAN A/L K ARUMUGAM PENGHUTANG PENGHAKIMAN VASANTHE A/P NARAYANASAMY

Citation

WA-29NCC-907-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-907-07/2022 (Mahkamah Tinggi)

The appeal is dismissed because the creditor's petition was valid: the judgment debt as at 20/7/2022 was RM249,560 satisfying s.5(1)(a) Insolvency Act, the petition was properly served and filed, and the debtor's post-notice payments or offers did not invalidate the 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.
10 Nov 2022

PEMIUTANG PENGHAKIMAN ZAVARCO PLC PENGHUTANG PENGHAKIMAN AMRIT KAUR A/P MANJEET SINGH

Citation

WA-29NCC-1114-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-1114-11/2021 (Mahkamah Tinggi)

The amended creditor's petition and its verifying affidavit were set aside because the petition was grounded on an act of bankruptcy date that did not occur within the statutory six‑month period required by s5(1)(c) IA (AOB occurred 29.12.2021 but petition alleged 25.12.2021), a defect going to the substance of the petition and not amenable to cure by amendment under s131/s93(3) IA in the circumstances; the affidavit, though sworn before filing, was void because it verified material facts that were untrue and required re‑affirmation.
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.