Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Appeal from registrar decision

Legal area

Court

15 Jan 2026

PEMIUTANG PENGHAKIMAN TIONG JOO TRADING SDN. BHD. PENGHUTANG PENGHAKIMAN Lee Shaw Chin @ Lee Kim Leng

Citation

MA-29NCC-169-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

MA-29NCC-169-05/2024 (Mahkamah Tinggi)

The central question for decision was whether the Court of Appeal judgment of 27.07.2023 created a judgment debt sufficient to sustain the bankruptcy petition and whether the Senior Assistant Registrar committed reviewable error; the determination hinged on the legal characterisation of the judgment debt and the absence/presence of error in the registrar's decision.
6 Oct 2023

PEMIUTANG PENGHAKIMAN Standard Chartered Saadiq Berhad PENGHUTANG PENGHAKIMAN Kumaran a/l Dairyar

Citation

PA-29NCC-547-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-29NCC-547-06/2018 (Mahkamah Tinggi)

The appeal was allowed and the AO&RO set aside because, although the timing of the verifying affidavit and the hearing of the Rule 116 notice were not fatal defects, the petitioning creditor failed to file any affidavit answering material allegations raised by the debtor under Rule 116 and thus did not discharge the onus to prove the debt at the hearing; on that basis and absent res judicata, the AO&RO could not be sustained.