PUBLIC BANK BERHAD v 1. ) MDSA DEVELOPMENT SDN. BHD. (DAHULUNYA DIKENALI SEBAGAI FUYUU DEVELOPMENT SDN. BHD.) 2. ) TAN PING HUANG EDWIN @ CHEN BINGHUANG 3. ) TAN JUNE TENG COLIN @ CHEN JUNTING 4. ) MAYATRADE SDN. BHD.
Catchwords
Bankruptcy — Foreign bankruptcy — Singapore bankruptcy orders — Whether Malaysian court required to recognise Singapore adjudication orders — Reciprocal assistance between Malaysia and Singapore — Whether Singapore bankruptcy engaged statutory moratorium under Malaysian law — Insolvency Act 1967, s 104 Bankruptcy — Proceedings against bankrupt — Leave to continue proceedings — Application to continue banker’s action against defendants adjudged bankrupt in Singapore — Whether Malaysian High Court seised of substantive action had jurisdiction to grant leave under s 8(1)(a) — Meaning of “the court” under Insolvency Act 1967 — Insolvency Act 1967, ss 2, 8(1)(a) & 88 Bankruptcy — Debt provable in bankruptcy — Banker–borrower claim — Claim founded on fixed loan and overdraft facilities — Whether contractual and liquidated claim constituted debt provable in bankruptcy — Distinction between contractual debts and unliquidated tort claims — Insolvency Act 1967, ss 8(1)(a) & 40 Bankruptcy — Proceedings against bankrupt — Leave under s 8(1)(a) — Exercise of discretion — Factors considered — Nature of claim — Balance of convenience — Justice of case — Whether leave should be granted to continue proceedings to judgment for proof of debt purposes — Whether leave limited to obtaining judgment and lodging proof of debt — Insolvency Act 1967, s 8(1)(a) Banking — Banker and customer — Banking facilities — Fixed loan facility and overdraft facility — Action against borrower and security parties — Proceedings commenced before foreign bankruptcy orders — Whether proceedings could continue with leave of court
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22ncc-13-08-2025)