Abdul Rashid Bin Mohamad Isa v PTT INTERNATIONAL TRADING PTE. LTD.

03-2-11-2023b Federal Court (Mahkamah Persekutuan) 8 July 2024 • 03-2-11/2023(B)

Catchwords

whether withdrawal of the Creditor’s Petition will terminate all bankruptcy proceedings including the bankruptcy notice whether an act of bankruptcy could be declared despite the failure to dispose of the application to set aside the bankruptcy notice whether the Creditor’s Petition could be withdrawn with liberty to file afresh as it had been filed due to an earlier erroneous ruling by the Registrar that an act of bankruptcy had occurred the purpose and intent of the Insolvency Act and its Rules the purpose of bankruptcy proceedings the nature of bankruptcy proceedings whether the error in the Creditor’s Petition is substantive, going to the root of the act of bankruptcy or to the viability of the creditor’s petition, or an error that is capable of remedy notice of new arguments taken at the oral hearing and the filing of new authorities good practice, fair play and substantive justice Rule 93 of the Insolvency Rules section 6(7) of the Insolvency Act

Judges (3)

Abdul Karim bin Abdul Jalil Coram Hasnah binti Dato' Mohammed Hashim Coram Nallini Pathmanathan Delivered

Parties (2)

PTT INTERNATIONAL TRADING PTE. LTD Respondent Abdul Rashid bin Mohamad Isa Appellant

Case Significance

Abdul Rashid Bin Mohamad Isa v PTT INTERNATIONAL TRADING PTE. LTD. is a Federal Court (Mahkamah Persekutuan) decision dated July 8, 2024 (citation: 03-2-11-2023b). The panel comprised Abdul Karim bin Abdul Jalil, Hasnah binti Dato' Mohammed Hashim and Nallini Pathmanathan, with Nallini Pathmanathan delivering the judgment.

Key issues: whether withdrawal of the Creditor’s Petition will terminate all bankruptcy proceedings including the bankruptcy notice.

What was the outcome of Abdul Rashid Bin Mohamad Isa v PTT INTERNATIONAL TRADING PTE. LTD.?

Abdul Rashid Bin Mohamad Isa v PTT INTERNATIONAL TRADING PTE. LTD. is a Federal Court decision dated July 8, 2024. The case was heard by Abdul Karim bin Abdul Jalil. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (03-2-11-2023b)