Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 105 insolvency act 1967

Legal area

Court

28 Jun 2022

PEMIUTANG PENGHAKIMAN MALAYAN BANKING BERHAD PENGHUTANG PENGHAKIMAN NG AH KUAN

Citation

JA-29PB-25-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29PB-25-01/2022 (Mahkamah Tinggi)

The SAR found the applicant failed to prove he ought not to have been adjudged bankrupt as at the date of adjudication; Soh's Federal Court decision is confined to its own facts and does not automatically bind the applicant as a distinct party/privy in different proceedings; applicant remained indebted (outstanding RM11,089,821.63) and insolvent at adjudication, therefore the application to annul under s.105(1) is dismissed.
12 Nov 2021

PEMIUTANG PENGHAKIMAN Siti Aisyah binti Yusoff for the Respondent/Judgment Creditor [Lembaga Hasil Dalam Negeri, Wilayah Persekutuan Kuala Lumpur] PENGHUTANG PENGHAKIMAN Darshnan Kumar a/l P Gopala Krishnan for the Appellant/Judgment Debtor

Citation

POST BANKRUPTCY NO. WA-29PB-41-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

POST BANKRUPTCY NO. WA-29PB-41-02/2021 (Mahkamah Tinggi)

The High Court found the substituted service orders were validly obtained and implemented at the appellant's recorded correspondence address (Taman Desa); appellant failed to prove non receipt or that service was improper; appellant had notice of proceedings and attempted to evade service; annulment under s105 was not available absent proof of full payment of debts; appeal dismissed with costs.