Bankruptcy
21 cases · January 2018 to May 2026
Case Volume by Year
3 18
2 19
3 24
8 25
5 26
2018–2026
Key Issues & Sub-Topics
Appeal to Judge in Chambers — Appeal against decision of Senior Assistant Registrar for Application to set aside Bankruptcy Notice — Final Judgement — Absence of bona fide basis for appeal — Attempt to delay satisfaction of a valid and binding judgement debt — Attempt to delay and obstruct enforcement of valid judgement — Outstanding judgement exceed bankruptcy threshold — Locus standi — Change of name of Judgement Creditor — Defective service — Leave should be obtained prior — Mala fide — Oppressive — Unjust Enrichment — Other modes of execution has not be exhausted — Jointly and severally liable — Section 28(5) and (6) Companies Act 2016 — Section 131 Insolvency Act 1967. 2 Appeal to Judge in Chambers — Appeal against Bankruptcy Order- Finality and Enforceability of Judgement Debt — Inability to Pay — Denial of Natural Justice — Pending Appeal — Insolvency Act 1967 2 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 1 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 1 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 1 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 1 Creditor’s petition — Substituted service — Validity of substituted service — Whether personal service impracticable — Compliance with s 6(1A) & (1B) Insolvency Act 1967 — Compliance with rr 108–110 Insolvency Rules 2017 — Practice Note No 1 of 1968 — Attempts at personal service — Whether sufficient attempts made — Service at last known address — Whether address actual residence — Whether debtor evading service — Affidavit of non-service — Sufficiency of evidential basis — Procedural irregularity — Whether defects in affidavit render proceedings nullity — O 41 r 1(5), O 1A, O 2 Rules of Court 2012 — Overriding objective — Prejudice — Whether substantial injustice shown — Effectiveness of substituted service — Whether service brought proceedings to debtor’s knowledge — Subsequent conduct of debtor — Filing of opposition — Whether challenge an afterthought — Bankruptcy proceedings — Scope of inquiry — Whether court may go behind subsisting judgment — Registered foreign judgment — REJA 1958 — Public policy — Alleged gaming debt — Whether permissible to raise — Collateral attack on judgment — Without prejudice communications — Admissibility — Whether relevant to setting aside petition — Appeal from Registrar — Judge in Chambers — Whether SAR correct — Appeal dismissed. 1 Bankruptcy notice — Application to strike out — Application for extension of time to file affidavit — Whether interlocutory applications necessary — Whether issues (including res judicata) ought to be raised at hearing of creditor’s petition — Duplication of proceedings — Whether dismissal of applications justified — Appeal against registrar’s decision — Whether appeals ought to be dismissed 1 Creditor’s petition — Multiple judgment creditors — Deletion of petitioning creditors — Whether amendment without leave of court — Whether removal of creditors changes character of petition — Whether creditor’s petition grounded on different act of bankruptcy — Validity of petition — Whether defect fatal — Setting aside of creditor’s petition and bankruptcy order — Whether appeals ought to be allowed 1 Creditor's petition — Sections 3 & 5 Insolvency Act 1967 — Judgment debt — Failure to satisfy judgment sum-Act of bankruptcy-Inability to pay debts-Whether debt bona fide disputed on substantial grounds-Burden on debtor-Service of bankruptcy notice-Compliance with statutory requirements-Discretion of Court-Making of bankruptcy order-Appeal against decision. 1 Appeal to judge in Chambers — Application for stay of bankruptcy proceedings — Stay dismissed by Deputy Registrar — Power of Court to grant stay of bankruptcy proceedings — Whether the reasoning given by Judgment Debtor for stay are sufficient grounds — Irreparable harm argument — Section 97 Insolvency Act — Rule 137 Insolvency Rules 2017 — Order 92 Rule 4 Rules of Court 2012 — Test for ' Sufficient grounds' for stay — Whether bankruptcy proceedings amount to abuse. 1 Appeal to Judge in Chambers — Application for stay of bankruptcy proceedings — Stay dismissed by Deputy Registrar — Power of Court to grant stay of bankruptcy proceedings — Whether the reasoning given by Judgment debtor for stay are sufficient grounds — irreparable harm argument — Section 97 Insolvency Act — Rules 137 Insolvency Rules 2017 — Order 92 Rule 4 Rules of court 2012 — test for ' sufficient grounds' for stay — Whether bankruptcy proceedings amount to abuse. 1 Appeal to Judge in Chambers — Leave to commence bankruptcy proceedings — Judgment against law firm — Order 77 r. 5(4) Rules of Court 2012 — Application for leave against alleged partner — Whether application to be made by summons in chambers or notice of Application — Rule 17 Bankruptcy Rules — Liability of partners-Partnership Act 1961,s.11 — Whether judgment debtor was partner at time cause of action accrued — Insolvency Act 1967,s. 391)(i) — Internal partnership agreement — Doctrine of privity — Whether partner liable notwithstanding internal arrangements-Whether leave properly granted. 1 Appeal to Judge in Chambers -Stay of bankruptcy proceedings — Insolvency Act 1967, s, 97- Residual power of court-Applications to stay creditor's petition dismissed-Tax debt -Income tax Act 1967- "Pay now dispute later' scheme-Pending appeals to Special Commissioners of Income Tax-Whether appeal on merits constitutes sufficient reason for stay-Scope of curial non-interference in tax collection — Abuse or breakdown of tax recovery process- Whether sufficient reason shown — Whether stay of bankruptcy proceedings ought to be granted. 1 Judgment debtor — Judgment creditor — Bankruptcy Notice — Creditor’s Petition — Appeals against decisions of Senior Assistant Registrar — Final judgment debt affirmed up to Court of Appeal — Quantum disputed — Alleged overstatement of debt, excessive interest and failure to credit auction proceeds or interest properly calculated- secondly, that the entire bankruptcy process is vitiated by procedural non-compliance, alleged fraud, statutory breaches, res judicata concerns, and abuse of process. — Whether debt liquidated under section 3 Insolvency Act 1967 — Effect of section 3(2)(ii) — Failure to file affidavit disputing Bankruptcy Notice under Rule 93(1) Insolvency Rules 2017 — Failure to show cause under Rule 116 Form 45 — Allegations of fraud, illegality and abuse of process — Pending collateral proceedings — No stay of execution — Bankruptcy court not forum to revisit merits — Hardship irrelevant — Appeals dismissed. 1 Appeal to Judge in Chambers — Leave to Commence Bankruptcy Proceedings against Guarantor — Finality of Judgement — Section 5 (3)(b) Insolvrncy Act 1967 1 Appeal to Judge in Chambers — Leave to Commence Bankruptcy Proceedings against Guarantor — Whether Judgement Creditor had exhaust all modes of execution and enforcement to recover debts — Section 5 (4) Insolvrncy Act 1967 1 ss 6(3), 105(1) Bankruptcy Act 1967 — adjudication order and receiving order annulment of bankruptcy — the relevant date when the debtor is considered to be able to pay his debts — whether the solvency of a debtor under s 6(3) read with s 105(1) of BA 1967 must necessarily relate to his ability to pay his debts as they became due — whether Court of Appeal has erred in taking consideration of respondent’s ability to pay his debts based on subsequent change of circumstances 1 Bankruptcy notice and creditor’s petition against judgment debtor — Multiple petitioning creditors in a single money judgment — Debt fully paid to RHB as one of the petitioning creditors — Application to remove RHB as party of proceedings — Amendment of bankruptcy notice and petition to remove RHB as petitioner — Whether in the case of petition presented by multiple petitioners, could the bankruptcy notice and creditor’s petition be amended — Whether the deletion of one or more petitioners be allowed — Section 93(3) of the Bankruptcy Act 1967 and/or Rule 276 of the Bankruptcy Rules 1969 — Whether amendment to “written process or proceeding” under Section 93(3) only limited to clerical or minor error — Whether the proposed amendment to the bankruptcy notice and creditor’s petition involves substantial amendment — Whether it causes prejudice to the judgment debtor — Whether there is any provision governing withdrawal of co-petitioner as party to bankruptcy proceedings when there are multiple judgment creditors — Section 95 of the Bankruptcy Act 1967 — Whether Rule 276 of the Bankruptcy Rules 1969 is applicable 1 Set aside — Bankruptcy Notice — Whether JC can commence bankruptcy action — JC obtained JDS Order against JD — JD complied with the Order — Whether BN null and void — BN contradicts the amount awarded in the final judgment — Bankruptcy Act 1967 [Act 360], s 5(1) Civil Procedure — Judgments — Finality of judgment — JDS proceedings against JD — whether the Order for instalment payments under JDS proceedings constitutes a variation or modification of the original Judgment — Whether BN which is founded on the original judgment is invalid — Whether bankruptcy notice liable to set aside 1
+ 2 more
Appeal to Judge in Chambers — Appeal against decision of Senior Assistant Registrar for Application to set aside Bankruptcy Notice — Final Judgement — Absence of bona fide basis for appeal — Attempt to delay satisfaction of a valid and binding judgement debt — Attempt to delay and obstruct enforcement of valid judgement — Outstanding judgement exceed bankruptcy threshold — Locus standi — Change of name of Judgement Creditor — Defective service — Leave should be obtained prior — Mala fide — Oppressive — Unjust Enrichment — Other modes of execution has not be exhausted — Jointly and severally liable — Section 28(5) and (6) Companies Act 2016 — Section 131 Insolvency Act 1967. 2 cases
ba-29ncc-2565-10-2022 PEMIUTANG PENGHAKIMAN FUJIFILM Business Innovation Asia Pacific Pte. Ltd. (dahulunya dikenali sebagai Fuji Xerox Asia Pacific Pte Ltd) PENGHUTANG PENGHAKIMAN Mohd Khelmy Bin Mukhtaruddin
18 September 2025
ba-22m-100-06-2023 SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v 1. ) ABDUL SALEEM BIN MAIDIN 2. ) AZLINDA BINTI ZAINAL ABIDIN 3. ) MASRI BIN MUKHTAR
8 September 2025
Appeal to Judge in Chambers — Appeal against Bankruptcy Order- Finality and Enforceability of Judgement Debt — Inability to Pay — Denial of Natural Justice — Pending Appeal — Insolvency Act 1967 2 cases
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 1 case
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 1 case
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 1 case
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 1 case
Creditor’s petition — Substituted service — Validity of substituted service — Whether personal service impracticable — Compliance with s 6(1A) & (1B) Insolvency Act 1967 — Compliance with rr 108–110 Insolvency Rules 2017 — Practice Note No 1 of 1968 — Attempts at personal service — Whether sufficient attempts made — Service at last known address — Whether address actual residence — Whether debtor evading service — Affidavit of non-service — Sufficiency of evidential basis — Procedural irregularity — Whether defects in affidavit render proceedings nullity — O 41 r 1(5), O 1A, O 2 Rules of Court 2012 — Overriding objective — Prejudice — Whether substantial injustice shown — Effectiveness of substituted service — Whether service brought proceedings to debtor’s knowledge — Subsequent conduct of debtor — Filing of opposition — Whether challenge an afterthought — Bankruptcy proceedings — Scope of inquiry — Whether court may go behind subsisting judgment — Registered foreign judgment — REJA 1958 — Public policy — Alleged gaming debt — Whether permissible to raise — Collateral attack on judgment — Without prejudice communications — Admissibility — Whether relevant to setting aside petition — Appeal from Registrar — Judge in Chambers — Whether SAR correct — Appeal dismissed. 1 case
Bankruptcy notice — Application to strike out — Application for extension of time to file affidavit — Whether interlocutory applications necessary — Whether issues (including res judicata) ought to be raised at hearing of creditor’s petition — Duplication of proceedings — Whether dismissal of applications justified — Appeal against registrar’s decision — Whether appeals ought to be dismissed 1 case
Creditor’s petition — Multiple judgment creditors — Deletion of petitioning creditors — Whether amendment without leave of court — Whether removal of creditors changes character of petition — Whether creditor’s petition grounded on different act of bankruptcy — Validity of petition — Whether defect fatal — Setting aside of creditor’s petition and bankruptcy order — Whether appeals ought to be allowed 1 case
Creditor's petition — Sections 3 & 5 Insolvency Act 1967 — Judgment debt — Failure to satisfy judgment sum-Act of bankruptcy-Inability to pay debts-Whether debt bona fide disputed on substantial grounds-Burden on debtor-Service of bankruptcy notice-Compliance with statutory requirements-Discretion of Court-Making of bankruptcy order-Appeal against decision. 1 case
Appeal to judge in Chambers — Application for stay of bankruptcy proceedings — Stay dismissed by Deputy Registrar — Power of Court to grant stay of bankruptcy proceedings — Whether the reasoning given by Judgment Debtor for stay are sufficient grounds — Irreparable harm argument — Section 97 Insolvency Act — Rule 137 Insolvency Rules 2017 — Order 92 Rule 4 Rules of Court 2012 — Test for ' Sufficient grounds' for stay — Whether bankruptcy proceedings amount to abuse. 1 case
Appeal to Judge in Chambers — Application for stay of bankruptcy proceedings — Stay dismissed by Deputy Registrar — Power of Court to grant stay of bankruptcy proceedings — Whether the reasoning given by Judgment debtor for stay are sufficient grounds — irreparable harm argument — Section 97 Insolvency Act — Rules 137 Insolvency Rules 2017 — Order 92 Rule 4 Rules of court 2012 — test for ' sufficient grounds' for stay — Whether bankruptcy proceedings amount to abuse. 1 case
Appeal to Judge in Chambers — Leave to commence bankruptcy proceedings — Judgment against law firm — Order 77 r. 5(4) Rules of Court 2012 — Application for leave against alleged partner — Whether application to be made by summons in chambers or notice of Application — Rule 17 Bankruptcy Rules — Liability of partners-Partnership Act 1961,s.11 — Whether judgment debtor was partner at time cause of action accrued — Insolvency Act 1967,s. 391)(i) — Internal partnership agreement — Doctrine of privity — Whether partner liable notwithstanding internal arrangements-Whether leave properly granted. 1 case
Appeal to Judge in Chambers -Stay of bankruptcy proceedings — Insolvency Act 1967, s, 97- Residual power of court-Applications to stay creditor's petition dismissed-Tax debt -Income tax Act 1967- "Pay now dispute later' scheme-Pending appeals to Special Commissioners of Income Tax-Whether appeal on merits constitutes sufficient reason for stay-Scope of curial non-interference in tax collection — Abuse or breakdown of tax recovery process- Whether sufficient reason shown — Whether stay of bankruptcy proceedings ought to be granted. 1 case
Judgment debtor — Judgment creditor — Bankruptcy Notice — Creditor’s Petition — Appeals against decisions of Senior Assistant Registrar — Final judgment debt affirmed up to Court of Appeal — Quantum disputed — Alleged overstatement of debt, excessive interest and failure to credit auction proceeds or interest properly calculated- secondly, that the entire bankruptcy process is vitiated by procedural non-compliance, alleged fraud, statutory breaches, res judicata concerns, and abuse of process. — Whether debt liquidated under section 3 Insolvency Act 1967 — Effect of section 3(2)(ii) — Failure to file affidavit disputing Bankruptcy Notice under Rule 93(1) Insolvency Rules 2017 — Failure to show cause under Rule 116 Form 45 — Allegations of fraud, illegality and abuse of process — Pending collateral proceedings — No stay of execution — Bankruptcy court not forum to revisit merits — Hardship irrelevant — Appeals dismissed. 1 case
Appeal to Judge in Chambers — Leave to Commence Bankruptcy Proceedings against Guarantor — Finality of Judgement — Section 5 (3)(b) Insolvrncy Act 1967 1 case
Appeal to Judge in Chambers — Leave to Commence Bankruptcy Proceedings against Guarantor — Whether Judgement Creditor had exhaust all modes of execution and enforcement to recover debts — Section 5 (4) Insolvrncy Act 1967 1 case
ss 6(3), 105(1) Bankruptcy Act 1967 — adjudication order and receiving order annulment of bankruptcy — the relevant date when the debtor is considered to be able to pay his debts — whether the solvency of a debtor under s 6(3) read with s 105(1) of BA 1967 must necessarily relate to his ability to pay his debts as they became due — whether Court of Appeal has erred in taking consideration of respondent’s ability to pay his debts based on subsequent change of circumstances 1 case
Bankruptcy notice and creditor’s petition against judgment debtor — Multiple petitioning creditors in a single money judgment — Debt fully paid to RHB as one of the petitioning creditors — Application to remove RHB as party of proceedings — Amendment of bankruptcy notice and petition to remove RHB as petitioner — Whether in the case of petition presented by multiple petitioners, could the bankruptcy notice and creditor’s petition be amended — Whether the deletion of one or more petitioners be allowed — Section 93(3) of the Bankruptcy Act 1967 and/or Rule 276 of the Bankruptcy Rules 1969 — Whether amendment to “written process or proceeding” under Section 93(3) only limited to clerical or minor error — Whether the proposed amendment to the bankruptcy notice and creditor’s petition involves substantial amendment — Whether it causes prejudice to the judgment debtor — Whether there is any provision governing withdrawal of co-petitioner as party to bankruptcy proceedings when there are multiple judgment creditors — Section 95 of the Bankruptcy Act 1967 — Whether Rule 276 of the Bankruptcy Rules 1969 is applicable 1 case
Set aside — Bankruptcy Notice — Whether JC can commence bankruptcy action — JC obtained JDS Order against JD — JD complied with the Order — Whether BN null and void — BN contradicts the amount awarded in the final judgment — Bankruptcy Act 1967 [Act 360], s 5(1) Civil Procedure — Judgments — Finality of judgment — JDS proceedings against JD — whether the Order for instalment payments under JDS proceedings constitutes a variation or modification of the original Judgment — Whether BN which is founded on the original judgment is invalid — Whether bankruptcy notice liable to set aside 1 case
Notice — Setting aside — Whether JC can commence bankruptcy action — JC obtained JDS Order against JD — JD complied with the Order — Whether BN null and void — BN contradicts the amount awarded in the final judgment — Bankruptcy Act 1967 [Act 360], s 5(1) Civil Procedure — Judgments — Finality of judgment — JDS proceedings against JD — whether the Order for instalment payments under JDS proceedings constitutes a variation or modification of the original Judgment — Whether BN which is founded on the original judgment is invalid — Whether bankruptcy notice liable to set aside 1 case
Bankruptcy notice — Appeal — Civil procedure — Setting aside — Whether judgment dated 19.9.2011 was not a final order as the profits and the interest had not been quantified — Appellant commenced bankruptcy proceedings against respondents to enforce judgment— Whether amount demanded from the judgment debtors not quantified, not capable of execution and not in accordance with the judgment — Respondents sought to set aside bankruptcy notice — Whether application to set aside bankruptcy notice not in compliance with the existing law and the Rules — Bankruptcy Act 1967 [Act 360 — known as Insolvency Act 1967], ss 3(1)(i) & 5(1); Bankruptcy Rules 1969 [P.U. (A) 199/1969 as amended by P.U. (A) 83/1978, 59/1979, 32/1989, 60/1993, 235/1999 and 225/2005), rule 18, rule 95; Rules of Court 2012, 018 r19, O46 r 2(1)(a) 1 case
Key Statutes
Rules of Court 2012
cited in 3 cases Income Tax Act 1967 (Cap 53)
cited in 2 cases Insolvency Act 1967 (Cap 360)
cited in 2 cases Bankruptcy Act 1967 (Cap 360)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Raja Rozela binti Raja Toran 7 Suhendran Sockanathan 7 Azahar bin Mohamed 2 Rohana binti Yusuf 2 Seri Zulkefli bin Ahmad Makinudin 2 Nallini Pathmanathan 2 Tengku Maimun binti Tuan Mat 2 Raja Segaran a/l S.krishnan 2 Mohd Zawawi bin Salleh 1 Alizatul Khair binti Osman Khairuddin 1 Balia Yusof bin Haji Wahi 1 Panglima David Wong Dak Wah 1 Suraya binti Othman 1
Top Firms
Cases
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25 September 2025
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no-03f-05-10-2017-w
AFFIN BANK BERHAD (FORMERLY KNOWN AS PERWIRA AFFIN BANK BERHAD) v ABU BAKAR BIN ISMAIL
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MYFC
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2 May 2018
MYFC
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1. P. MUKUNDAN A/L P. K. KUNCHU KURUP 2. SURESH MENON 3. K. DEVAKI REKHA KUMAR A/P KK KUMARAN … APPELLANT v DANIEL A/L ANTHONY (NRIC NO: 760703-08-5103) … RESPONDENT
3 January 2018
MYCOA