Bankruptcy
15 cases · January 2018 to November 2025
Case Volume by Year
3 18
2 19
10 25
2018–2025
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 — 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 Creditor's petition — Adjournment of hearing — Insolvency Rules 2017,r.19 — Mandatory requirement of service not less than eight clear days before hearing — Application to set aside creditor's petition filed and served at eleventh hour — Whether application in breach of r.19 — ought to be ignored — Abuse of process — Tactical interlocutory applications to delay hearing of creditor's petition — Whether Deputy Registrar erred in adjourning petition — Appeal against adjournment — Whether dismissal of application to set aside creditor's petition correct. 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 — Application to set aside Creditor's petition — Application to set aside bankruptcy Notice — Insolvency Act 1967 — Insolvency rules 2017 — whether Bankruptcy Notice should premised on the settlement Agreement and not Judgment — whether the judgment was superseded and controlled by the Settlement Agreement — Section 131 Insolvency Act 1967 — whether the Affidavit Verifying the Petition affirmed a day before the petition valid. 1 Appeal to Judge in Chambers — Leave to Commence Bankruptcy Proceedings against Guarantor — Finality of Judgement — Section 5 (3)(b) 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 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 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
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 — 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
Creditor's petition — Adjournment of hearing — Insolvency Rules 2017,r.19 — Mandatory requirement of service not less than eight clear days before hearing — Application to set aside creditor's petition filed and served at eleventh hour — Whether application in breach of r.19 — ought to be ignored — Abuse of process — Tactical interlocutory applications to delay hearing of creditor's petition — Whether Deputy Registrar erred in adjourning petition — Appeal against adjournment — Whether dismissal of application to set aside creditor's petition correct. 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 — Application to set aside Creditor's petition — Application to set aside bankruptcy Notice — Insolvency Act 1967 — Insolvency rules 2017 — whether Bankruptcy Notice should premised on the settlement Agreement and not Judgment — whether the judgment was superseded and controlled by the Settlement Agreement — Section 131 Insolvency Act 1967 — whether the Affidavit Verifying the Petition affirmed a day before the petition valid. 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
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
Court Distribution
Key People & Firms
Cases
wa-29ncc-100-02-2021
PEMIUTANG PENGHAKIMAN Kerajaan Malaysia PENGHUTANG PENGHAKIMAN Mohd Nazifuddin Bin Mohd Najib
16 November 2025
MYHC
wa-29ncc-99-02-2021
PEMIUTANG PENGHAKIMAN Kerajaan Malaysia PENGHUTANG PENGHAKIMAN Mohd Najib Bin Hj Abd Razak
16 November 2025
MYHC
wa-29ncc-1189-07-2024
PEMIUTANG PENGHAKIMAN KOONG LIN LOONG (Selaku wakil pertubuhan The Associated Chinese Chambers of Commerce and Industry of Malaysia) PENGHUTANG PENGHAKIMAN NUR SYAFEENAZ FARHANAH BINTI ROSMAN
3 November 2025
MYHC
wa-29ncc-80-01-2023
PEMIUTANG PENGHAKIMAN Kerajaan Malaysia PENGHUTANG PENGHAKIMAN SAYYID SHAH BIN ABDULLAH
2 November 2025
MYHC
wa-29ncc-45-01-2024
PEMIUTANG PENGHAKIMAN EWE SAW LEE PENGHUTANG PENGHAKIMAN DATO' SRI ANDREW KAM TAI YEOW
12 October 2025
MYHC
ba-29ncc-2033-09-2023
PEMIUTANG PENGHAKIMAN OCBC Bank (Malaysia) Berhad PENGHUTANG PENGHAKIMAN Sritharan Naidu a/l Sundara Rajoo
25 September 2025
MYHC
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
MYHC
wa-29ncc-1076-06-2024
PEMIUTANG PENGHAKIMAN Christopher Martin Boyd PENGHUTANG PENGHAKIMAN Deb Brata Das Gupta
9 September 2025
MYHC
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
MYHC
ba-29ncc-2421-09-2022
PEMIUTANG PENGHAKIMAN BANK PEMBANGUNAN MALAYSIA BERHAD PENGHUTANG PENGHAKIMAN MOHAMED SOFIADIN BIN JAAFAR
5 March 2025
MYHC
no-03f-05-10-2017-w
AFFIN BANK BERHAD (FORMERLY KNOWN AS PERWIRA AFFIN BANK BERHAD) v ABU BAKAR BIN ISMAIL
25 August 2019
MYFC
03-1-03-2018-w
AmBank (M) Berhad & 6 Lagi v Lim Sue Beng
14 May 2019
MYFC
03f-2-04-2017w-03f-3-01-2017w-03f-4-01-2017w
1. ) Mohd Kamal bin Omar 2. ) Azlin Azrai bin Lan Hawari 3. ) Sim Kok Beng v United Overseas Bank (Malaysia) Bhd.
2 May 2018
MYFC
03f-2-04-2017w
1. ) MOHD KAMAL BIN OMAR 2. ) AZLIN AZRAI BIN LAN HAWARI 3. ) SIM KOK BENG v UNITED OVERSEAS BANK (MALAYSIA) BHD.
2 May 2018
MYFC
a-03imncc-50-05-2016
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