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2023 MarsdenLR 578

HIGH COURT MALAYA SHAH ALAM
MOHD SOFI ABDUL GHAFAR – Appellant
Versus
KETUA PENGARAH INSOLVENSI & ANOR – Respondent


Petitioner Advocates:Krishna Roy Sreenivasan ,Respondent Advocate: Mohd Azhar Hamzah

Table of Content
1. plaintiff's discharge from bankruptcy and remaining debts. (Para 1 , 2 , 12)
2. court's authority to interpret statutory provisions effectively. (Para 18 , 39 , 46)
3. impact of defendants' actions on the plaintiff's estate. (Para 22 , 26 , 42)
4. final ruling on the plaintiff's claims and the court's decision. (Para 62 , 79)
Faizah Jamaludin J:

Introduction

[1] The Plaintiff is a discharged bankrupt. He was discharged from his bankruptcy with effect from 30 November 2018 through a Certificate of Discharge issued by the Director General of Insolvency ("DGI") under s 33A of the Insolvency Act 1967 ("the Insolvency Act"). He wants the DGI to pay him the monies in his estate in bankruptcy after the DGI had paid the sum of RM277,913.08 to the Lembaga Hasil Dalam Negeri ("LHDN") being income tax owing by the Plaintiff to the LHDN.

[2] The DGI plans to pay the LHDN the sum of RM76,211.52 only and not the full sum of RM277,913.08 owed by the Plaintiff. After payment of the sum of RM76,211.52 to the LHDN, the DGI intends to distribute the balance of the Plaintiff's estate in bankruptcy for the remaining amount owing to the LHDN plus the debt owing to his other creditors as di

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