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HIGH COURT MALAYA KUALA LUMPUR
RE: YONG LIM CHUN KHIONG; EX-PARTE: KEBABANGAN PETROLEUM OPERATING COMPANY SDN BHD
| Table of Content |
|---|
| 1. overview of the appeals and original judgment. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. nature of re-hearing in appeals. (Para 9 , 10) |
| 3. payment effects on judgment debt argument. (Para 11 , 12 , 13 , 14) |
| 4. clarification on bn and cp roles. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. decision on jd's failure to establish grounds. (Para 21 , 22) |
| 6. recap of the second appeal. (Para 23 , 24) |
| 7. overview of staying bankruptcy proceedings. (Para 25 , 26 , 27) |
| 8. test for stay of bankruptcy proceedings. (Para 28 , 29 , 30 , 31 , 32 , 34 , 35) |
| 9. insufficient evidence for stay application. (Para 33 , 36 , 39 , 41) |
| 10. clarified final orders on appeals. (Para 42) |
Introduction
[1] This Judgment is on two appeals. The first in encl 47 ("Enclosure 47 Appeal") is an appeal by the abovenamed Judgment Debtor ("JD") against the decision of the Senior Assistant Registrar ("SAR") given on 15 November 2024 dismissing his application in encl 28 (Enclosure 28 Application") to set aside/strike out the Creditor's Petition dated 19 June 2024 ("CP") and to strike out the Bankruptcy Notice dated 2 January 2024 ("BN").
[2] The second in encl 55 ("Enclosure 55 Appeal"), is the JC's appeal aga
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