JUDGMENT

Wong Siong Tung J:

Introduction

[1] Goh Kiang Ann (JD) is one of the three (3) guarantors for the principal borrower, Episo Enterprise Sdn Bhd (Episo) in respect of two (2) Term Loan Facilities granted by OCBC Bank (Malaysia) Berhad (JC) to Episo.

[2] Due the default of Episo in the repayment of the term loans to the JC, the JC commenced action in Suit No. MYY-22NGC-1/7-2022 in the High Court , Miri and obtained judgment against all the three (3) guarantors, including the JD for the sum of RM17,802,031.36 as at 30 June 2022 with the prescribed interest in respect of the first Term Loan Facility and the sum of RM246,838.18 as at 30 June 2022 with the prescribed interest in respect of the second Term Loan Facility and costs on solicitor and client basis.

[3] The JC took up an application by Summons In Chambers dated 24 August 2023 (Enclosure 3) for leave under s 5(3)(b) of the Insolvency Act, 1967 to commence bankruptcy action against the JD for non payment of the judgment debt. The application was opposed by the JD.

[4] On 18 March 2024, the learned Senior Assistant Registrar allowed the JC's application and granted JC leave to commence bankruptcy action against the JD.

[5] Dis