Malaysia Case Law

12 Nov 2025

PEMIUTANG PENGHAKIMAN United Overseas Bank (China) Limited, Chengdu Branch PENGHUTANG PENGHAKIMAN Siow Kwang Joon @ Siow Kwong Shang

Citation

JA-29NCC-91-02/2024 (Mahkamah Tinggi)

Court

High Court

Case number

JA-29NCC-91-02/2024 (Mahkamah Tinggi)

The High Court upheld the Registrar: a civil stay of execution not obtained under s97 IA 1967 does not bar an application for leave under s5(3)(b) IA 1967; bankruptcy is a separate statutory regime; exhaustion under s5(4) and s5(6) is assessed by practical reality (where the principal is in insolvency and assets are controlled by administrators, enforcement is effectively exhausted); accordingly Registrar did not err and leave was properly granted.

• Leave under s5(3)(b) insolvency act 1967
• Stay of execution
• Exhaustion of enforcement remedies
• Personal guarantee
• Jurisdiction to grant leave

RAPHAEL PURA V INSAS BERHAD & ANOR

Citation

RAPHAEL PURA V INSAS BERHAD & ANOR

Court

Malaysian court

The Federal Court will not decide questions that were not raised or decided in the courts below or that are hypothetical/academic; although leave to appeal is ordinarily res judicata, leave may be challenged on jurisdictional grounds at the hearing; because the question posed did not reflect the issues decided below and was rendered academic on the facts, the Court declined to answer it and dismissed the appeal.

• Leave to appeal
• Amendment of pleadings
• Jurisdiction to grant leave
• Res judicata
• Hypothetical/academic questions
• Roll-up plea of justification and fair comment