7 Oct 2024
PEMIUTANG PENGHAKIMAN 1. ) ONG THENG YEOW (Berniaga atas nama dan gaya SMART KEY RESOURCES (No.Pendaftaran 200403162863(CA0087094-W) 2. ) ONG BENG THEAM (Berniaga atas nama dan gaya SMART KEY RESOURCES (No.Pendaftaran 200403162863(CA0087094
- Citation
- PA-29NCC-610-12/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-29NCC-610-12/2023 (Mahkamah Tinggi)
The court found on the balance of probabilities that the bankruptcy notice was personally served on the judgment debtor and an act of bankruptcy occurred on 9.3.2024 and the creditor's petition was presented within six months; however the creditor's petition was not personally served as mandated by Rule 108 Insolvency Rules 2017 (service on the debtor's solicitors lacked clear written authority) making the CP defective and incompetent and justifying dismissal; appeal against the Registrar's dismissal was therefore dismissed and costs ordered.