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2022 MarsdenLR 15

HIGH COURT SABAH & SARAWAK SIBU
RE: DATO TING CHECK SII; EX-PARTE: GOODMATCH SDN BHD (ENCL 258)


Petitioner Advocates:Sim Hui Chuang,Lim Lip Tse ,Respondent Advocate: Mekanda Singh Sandhu,Pearly Tew Siew Wei

JUDGMENT

Christopher Chin Soo Yin J:

Enclosure 258 - Recusal

[1] The Judgment Debtor ("JD") has applied to have me recused from further hearing this case, principally encls 212 and 213.

[2] Enclosure 212 is an appeal to Judge in Chambers by the JD from the decision of the Learned Senior Assistant Registrar ("SAR") who, on the application of the Judgment Creditor ("JC"), and on the 15 November 2021 granted a Receiving Order and Adjudication Order against the estate of the JD.

[3] Enclosure 213 is an appeal to Judge in Chambers by the JD from the decision of the Learned Senior Assistant Registrar ("SAR") who, on the application of the Judgment Creditor ("JC"), and on the 15 November 2021 dismissed the JD's Summons in Chambers seeking to set aside the JC's creditor's petition.

Background Facts

[4] The stages in this dispute are many but the following are the key events which are by and large not disputed:

4 August 2015 Judgment is entered against the JD for the sum of RM6,600,000.00, with interest at 5% per annum in the High Court of Sibu ("RM6.6m Judgment");

12 August 2015 Bankruptcy Notice issued against the JD;

16 December 2015 JD's Application to set aside Bankruptcy Notice was set aside by


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