PEMIUTANG PENGHAKIMAN RHB Bank Berhad PENGHUTANG PENGHAKIMAN 1. ) Ketua Pengarah Insolvensi 2. ) Kamalul Arifin bin Yusof

ba-29pb-1542-08-2024 High Court (Mahkamah Tinggi) 6 October 2025 • BA-29PB-1542-08/2024

Catchwords

Post-bankruptcy – Appeal to Judge in Chambers - Appeal by creditor against decision of Registrar – Application was academic has another creditor succeeded in suspending the discharge – Director General of Insolvency (DGI) has acted prematurely and in breach of statutory duty in issuing Notice of Discharge – Absence of investigation or realising known assets of bankrupt – Court’s supervisory jurisdiction – Full recovery is not a precondition for discharge – Whether the Registrar erred in holding the creditor’s application academic – Whether supervisory powers of the Court may be invoked to review the DGI’s issuance of Notice of Discharge when there are avenue for specific mechanism for creditor’s objection – Whether DGI acted unlawfully or prematurely in issuing the notice – Balancing Principle and Justice - Section 15, 17,43,55 and 73 of Insolvency Act 1967 - Section 86 Insolvency Act 1967 - Section 87 Insolvency Act 1967 – Section 33C(4) Insolvency Act 1967.

Practice Areas

Bankruptcy & Insolvency Tort

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (3)

Ketua Pengarah Insolvensi Judgment Debtor RHB BANK BERHAD Judgment Creditor Kamalul Arifin bin Yusof Judgment Debtor

Judgment

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Source: eJudgment (ba-29pb-1542-08-2024)