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2025 MarsdenLR 216

HIGH COURT MALAYA KUALA LUMPUR
CHAN CHEE CHIU & ANOR – Appellant
Versus
DIRECTOR GENERAL OF INSOLVENCY & ANOR – Respondent


Petitioner Advocates:Hoo Yee Huan ,Respondent Advocate: Franky Irwan Abdul Rashid

JUDGMENT

Saheran Suhendran JC:

[1] These grounds of judgment deal with an application under s 33B(4) of the Insolvency Act 1967 (" IA ") to prevent the Director General of Insolvency ("the DGI") from discharging the bankruptcy of a judgment debtor under s 33A(1).

Introduction

[2] Chan Wing is the late father of the 2nd Respondent, Dr. Mubarak Chan Chin Cheung ("the JD"). The estate of Chan Wing ("Estate") is one of the creditors of the JD. The Plaintiffs ("JC") are the joint trustees of the Estate. On 27 June 2013, the JC submitted a Proof of Debt in the JD's estate for RM147,461.95 ("POD").

[3] Pursuant to encl 1 (filed by the JC), the learned Deputy Registrar ("Registrar") delivered a decision on 25 July 2024 ("Registrar's Decision" in encl 20). The Registrar's Decision prohibited the DGI from issuing a certificate discharging the JD from bankruptcy for a period of two (2) years from 5 July 2024.

[4] On 19 July 2024, the JD appealed (Encl 19) the Registrar's Decision. Clearly, the JD supports the decision of the DGI to discharge but wanted the condition of the two (2) year suspension lifted.

[5] The DGI did not appeal the Registrar's Decision.

[6] References to sections of an Act are


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