Abu Mansor JCA:

[1] My learned brother had, in his grounds of judgment, dealt with the preliminary points raised by the respondent. I had read the judgment and I agree with him. In this grounds of judgment I shall deal with the substantive aspect of the appeal.

[2] Cik Rohaine for the judgment creditor submitted that this appeal originated from the decision of the SAR ('SAR') to the judge in chambers. The learned SAR refused to strike out the bankruptcy notice of the judgment creditor dated 24 January 1996. The judgment debtor's ground for applying to strike out was because it was alleged that the amount of interest claimed was excessive as it included a sum, in the bankruptcy notice, which was said to be time barred under s 6(3) of the Limitation Act 1953 ('the Act'). As already stated above, the learned judicial commissioner ('JC') held that the bankruptcy notice was invalid. The appellant judgment creditor appealed.

[3] The appellant herein contended that they followed the authority of Re Yamaha (Malaysia) Sdn Bhd, [1990] 3 MLJ 317. On the authority of Yamaha, judgment was handed down on 19 May 1978. Interest was claimed up to 19 May 1984, which interest was from the date