AFFIN BANK BERHAD (FORMERLY KNOWN AS PERWIRA AFFIN BANK BERHAD) v ABU BAKAR BIN ISMAIL

no-03f-05-10-2017-w Federal Court (Mahkamah Persekutuan) 25 August 2019 • NO:03(f)-05-10/2017 (W)

Catchwords

Bankruptcy - 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

Practice Areas

Bankruptcy & Insolvency

Judges (5)

Azahar bin Mohamed Delivered Nallini Pathmanathan Coram Panglima David Wong Dak Wah Coram Rohana binti Yusuf Coram Tengku Maimun binti Tuan Mat Coram

Parties (2)

AFFIN BANK BERHAD Plaintiff Abu Bakar bin Ismail Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (no-03f-05-10-2017-w)