Malaysia Case Law

6 Nov 2020

PEMIUTANG PENGHAKIMAN PL Yong and Kalitha Shim for the Judgment Creditor / Appellant [Messrs Sreenevasan Young] PENGHUTANG PENGHAKIMAN Tang Kim Choon for the Judgment Debtor / Respondent [Messrs K.C Tang & Co]

Citation

WA-29NCC-2209-08/2018 (Mahkamah Tinggi)

Court

High Court

Case number

WA-29NCC-2209-08/2018 (Mahkamah Tinggi)

Appeal allowed because issuing a bankruptcy notice against a firm is permissible provided partners are identified (Insolvency Act/Rules read as a whole), the debtor failed to timely dispute the amount or establish set off as required by section 3 IA 1967, and pursuing separate bankruptcy proceedings against partners is not an abuse given partners' joint and several liability under the Partnership Act.

• Bankruptcy notice
• Service of process
• Set aside application
• Res judicata
• Joint and several liability
• Quantification of judgment debt

MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (1)

Citation

MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (1)

Court

Malaysian court

The judgment debtor failed to prove on the balance of probabilities that the sum specified in the bankruptcy notice exceeded the amount actually due at the time of the notice; consequently the petitioning creditor satisfied the legal requirements and a receiving and adjudication order was properly made against the judgment debtor.

• Bankruptcy notice
• Setting aside bankruptcy notice
• Receiving and adjudication order
• Quantification of judgment debt
• Res judicata
• Affidavit procedure