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COURT OF APPEAL PUTRAJAYA
LIM HUN SWEE – Appellant
Versus
MALAYSIA BRITISH ASSURANCE BHD & ORS AND OTHER APPEALS – Respondent
| Table of Content |
|---|
| 1. background on bankruptcy appeals (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on discharge appropriateness (Para 8 , 9) |
| 3. court's duty to review dgi report (Para 10 , 11 , 12) |
| 4. investigation duties of dgi (Para 13 , 14 , 15 , 16) |
| 5. dgi report insufficiencies (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. facts leading to denial of discharge (Para 28 , 29) |
| 7. court's authority over evidence evaluation (Para 30 , 31 , 32) |
| 8. presumptions regarding improper trading (Para 33 , 34 , 35) |
| 9. non-compliance as contempt of court (Para 37 , 38) |
| 10. balancing public interest with individual rights (Para 39 , 40 , 41) |
| 11. importance of thorough dgi investigation (Para 42 , 43 , 44 , 45) |
| 12. conclusion on disallowing discharge (Para 46) |
[1]There are five related appeals being heard together The first appeal (No. P-03-125-07) is by the bankrupt against part of the decision of the learned High Court judge dated 25 June 2007 whereby he was ordered to pay a monthly sum of RM10,000 for a period of ten years as a condition of him being discharged as a bankrupt. The other four appeals (No. P-03-137A-07; P-03-146-07; P-03-172-07 and P-02-624-07) are by the resp
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