SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 MarsdenLR 1030

FEDERAL COURT PUTRAJAYA
MOHD KAMAL OMAR – Appellant
Versus
UNITED OVERSEAS BANK (MALAYSIA) BHD & OTHER APPEALS – Respondent


Petitioner Advocates:Gopal Sri Ram,Wong Rhen Yen,Afdhilani Jusof,David Yii,Damien Chan,Bastian Pius Vendargon,Mohamed Fadzil Abdul Manan,Mohd Amran Mohd Aminuddin ,Respondent Advocate: Ng Sai Yeang,Loh Kah Hey

Table of Content
1. bankruptcy notices are considered null if based on judgments modified by installment orders. (Para 1)
2. facts surrounding the bankruptcy notice and debtor compliance. (Para 2 , 3 , 4)
3. court's analysis on bankruptcy notice validity. (Para 5)

[1] These are three appeals by the respective appellants against the decision of the Court of Appeal in dismissing their appeals against the decision of the High Court. The Federal Court had granted leave for the following question of law:

"Whether the making of an Order on a judgment debtor summons pursuant to the Debtors Act 1957 for the satisfaction of an original Judgment by payment of instalments, constitutes a variation or modification of the said original Judgment, thereby barring the presentation of a Bankruptcy Notice founded on an original said judgment having regard to the decisions in Montgomery & Co v. de Blumes [1898] 2 QB 420 and Re H A Pereira; Ex Parte Pagor Singh (Bhagat Singh), 1932 MarsdenLR 112 ?"

Background Facts

[2] These three appeals by the respective appellants are related and arose from the same judgment of the High Court dated 11 August 2011. On 11 August 2011, the respondent as the Judgment Creditor

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top