AmBank (M) Berhad & 6 Lagi v Lim Sue Beng

03-1-03-2018-w Federal Court (Mahkamah Persekutuan) 14 May 2019 • 03-1-03/2018 (W)

Catchwords

Bankruptcy - 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

Practice Areas

Bankruptcy & Insolvency

Judges (5)

Alizatul Khair binti Osman Khairuddin Coram Azahar bin Mohamed Delivered Balia Yusof bin Haji Wahi Coram Mohd Zawawi bin Salleh Coram Rohana binti Yusuf Coram

Parties (2)

AMBANK BERHAD Appellant Lim Sue Beng Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (03-1-03-2018-w)