PEMIUTANG PENGHAKIMAN Malayan Banking Berhad PENGHUTANG PENGHAKIMAN LIM LOKE CHOY

ba-29ncc-1628-07-2023 High Court (Mahkamah Tinggi) 13 October 2025 • BA-29NCC-1628-07/2023

Catchwords

Judgment Creditor’s appeal against the decision of the learned Senior Assistant Registrar- struck out the Bankruptcy Notice- Judgment Debtor had also filed an application to set aside the said BN- the learned SAR erred in striking out the BN - reasons recorded by the SAR were procedural in nature; the BN was not dismissed on its merits- appeal under sections 92 and 93 of the Insolvency Act 1967 (“IA 1967”) and Order 92 rule 4 of the Rules of Court 2012 (“ROC 2012”)-seeking to reinstate the BN- since the BN was struck out without consideration of its merits, the Court retains inherent jurisdiction to reinstate it pursuant to Order 92 rule 4 ROC 2012.- Court’s power to reinstate matters struck out without adjudication on the merits- Judgment Debtor contended that once the BN was struck out, the only recourse available to the Judgment Creditor was by way of appeal, not reinstatement- Whether the Court has jurisdiction to reinstate a BN that was struck out by the SAR- Whether the BN was validly extended and duly served- Whether the sum stated in the BN exceeded the Judgment Debtor’s contractual liability- law distinguishes between a dismissal upon the merits and a striking out- Court retains inherent jurisdiction under Order 92 rule 4 ROC 2012 and Sections 92 and 93 IA 1967 to reinstate it to prevent injustice- The reinstatement of a BN in such circumstances does not amount to the reissuance of a fresh notice- merely restores the matter to its proper procedural position- Court has jurisdiction to reinstate the BN- requirements under Rules 97 to 99 of the Insolvency Rules 2017 have been complied with- BN was validly extended and properly served- The sum stated in the BN is lawfully due and not excessive- The Bankruptcy Notice is reinstated and declared valid.

Practice Areas

Bankruptcy & Insolvency Civil Procedure

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (2)

MALAYAN BANKING BERHAD Judgment Creditor Lim Loke Choy Judgment Debtor

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-29ncc-1628-07-2023)