Malaysia Case Law: Decisions & Judgments

Topic

Exhaustion of modes of execution

Legal area

Court

8 May 2023

PEMIUTANG PENGHAKIMAN TIP TOP MEAT SDN. BHD. PENGHUTANG PENGHAKIMAN NG CHOUN LONG

Citation

JA-29NCC-624-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29NCC-624-10/2022 (Mahkamah Tinggi)

JD failed to demonstrate he was a guarantor or to produce any agreement showing such; ss.5(3) and 5(4) therefore did not apply; JD did not establish the 'sufficient reason' required under s.97 to set aside the bankruptcy notice or stay proceedings, so the application is dismissed with costs RM1,000.
11 Oct 2022

PEMIUTANG PENGHAKIMAN SMEB ASSET MANAGEMENT SDN BHD PENGHUTANG PENGHAKIMAN YA'ACOP BIN SAMINGON

Citation

JA-29NCC-266-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29NCC-266-07/2021 (Mahkamah Tinggi)

The creditor failed to comply with subsection 5(4) of the Insolvency Act 1967 because it did not demonstrate that it had exhausted all modes of execution against the principal debtor and there was an inordinate unexplained delay of about seven years which prejudiced the guarantor; consequently the leave granted to commence bankruptcy proceedings was improperly given and the creditor's petition must be dismissed and the leave set aside; additionally, applications to enforce judgments older than six years should be heard by the Judge in person at the original court where the judgment was obtain…
23 Sept 2022

PEMIUTANG PENGHAKIMAN Lua Ai Siew and Soong Ru Hui (chambering student) for the Judgment Creditors/Respondent [Messrs Soo Thien Ming & Nashrah] PENGHUTANG PENGHAKIMAN Datuk Wong Rhen Yen, Emily Wong and Jasneeta Bhullar for the Judgment Deb

Citation

KEBANKRAPAN NO. WA-29NCC-40-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KEBANKRAPAN NO. WA-29NCC-40-01/2021 (Mahkamah Tinggi)

Section 5(3) of the Insolvency Act 1967 plainly requires a petitioning creditor to obtain leave from the court before issuing a Bankruptcy Notice against a guarantor; because a Bankruptcy Notice invokes bankruptcy proceedings, leave granted only after issuance is retrospective, prejudicial and cannot cure the defect; therefore the BN in this case was prematurely issued and the Judge allowed the appeal concerning leave (Enclosure 46).

Malaysia Case Law

PEMIUTANG PENGHAKIMAN TIP TOP MEAT SDN. BHD. PENGHUTANG PENGHAKIMAN NG CHOUN LONG

PEMIUTANG PENGHAKIMAN SMEB ASSET MANAGEMENT SDN BHD PENGHUTANG PENGHAKIMAN YA'ACOP BIN SAMINGON

PEMIUTANG PENGHAKIMAN Lua Ai Siew and Soong Ru Hui (chambering student) for the Judgment Creditors/Respondent [Messrs Soo Thien Ming & Nashrah] PENGHUTANG PENGHAKIMAN Datuk Wong Rhen Yen, Emily Wong and Jasneeta Bhullar for the Judgment Deb