PEMIUTANG PENGHAKIMAN MOHD NOOR SHAHRAL BIN NORDIN PENGHUTANG PENGHAKIMAN MASLAN BIN URMIN

ba-29ncc-2282-09-2023 High Court (Mahkamah Tinggi) 26 February 2026 • BA-29NCC-2282-09/2023

Catchwords

Bankruptcy appeal – Appeal against decision of Deputy Registrar - Setting aside Bankruptcy Notice – Order Judgment Creditor to pay costs of RM750.00 to the Judgement Debtor and the direction to file an application to amend the intitulement of the Bankruptcy Notice and the Request for Issuance of the Bankruptcy Notice – Whether bankruptcy proceedings may be commenced by a judgment creditor in a collective or representative capacity - Whether the Bankruptcy Notice is defective for failure to name all judgment creditors individually in the intitulement - Whether the Bankruptcy Notice is invalid for failing to explain the distribution of the RM300,000.00 partial payment - Whether the Bankruptcy Notice is defective due to alleged errors in the computation of interest - Whether the JD’s application to set aside the Bankruptcy Notice was itself incompetent for failure to cite the correct enabling provision - Whether the Deputy Registrar properly exercised discretion in ordering costs against the JC and directing amendment - Bankruptcy proceedings were not rendered invalid merely because they were commenced collectively – no amount attributable to Judgement Debtor that required deduction – Joint and several liability - Alleged errors in interest computation was explained in detail the basis of the interest computation across three distinct periods: pre-judgment, post-judgment to partial payment, and post-partial payment to the date of the Bankruptcy Notice – Direction to amend and cost was unnecessary - Rules 17 Insolvency Rules 2017.

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (2)

Maslan bin Urmin Judgment Debtor Mohd Noor Shahral bin Nordin Judgment Creditor

Judgment

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Read on eJudgment

Source: eJudgment (ba-29ncc-2282-09-2023)