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2020 MarsdenLR 2555

HIGH COURT SABAH & SARAWAK KOTA KINABALU
TAN TIANG LAI – Appellant
Versus
KKRMC TRADING SDN BHD (ENCL 14) – Respondent


Petitioner Advocates:M/s YC Chang & Co ,Respondent Advocate: M/s Szetu & Co

JUDGMENT

Leonard David Shim JC:

(Enclosure 14)

[1] This is an appeal to the Judge in Chambers by the Judgment Debtor against the decision of the Senior Assistant Registrar in allowing the Judgment Creditor's application for leave to commence bankruptcy proceedings against the above-named Judgment Debtor on the Judgment dated 17 August 2017.

The application before the learned Senior Assistant Registrar was the Judgment Creditor's Summons in Chambers dated 8 May 2019 for leave to commence bankruptcy proceeding against the Judgment Debtor (encl 1) ("the JC's said Application").

The JC's said Application is supported by the Affidavit in Support of Murugiah s/o Sami Kannoo affirmed on 3 May 2019 (hereinafter referred to as "the JC's Affidavit")

The Judgment Debtor is opposing the JC's said Application and has filed an affidavit in opposition affirmed on 9 July 2019 (hereinafter referred to as "the JD's Affidavit").

The Judgment Creditor filed an Affidavit in Reply affirmed on 23 July 2019 (hereinafter referred to as "the JC's Affidavit in Reply").

[2] Brief Facts

2.1 The Judgment Debtor is and was at all material times a guarantor of Sagajuta (Sabah) Sdn Bhd (hereinafter referred to as "Sagajuta


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