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2010 MarsdenLR 201

FEDERAL COURT PUTRAJAYA
SARDAR MOHD ROSHAN KHAN – Appellant
Versus
PERWIRA AFFIN BANK BHD – Respondent


Table of Content
1. bankruptcy annulment and its effects. (Para 1 , 2 , 4 , 5 , 6 , 7)
2. arguments regarding annulment's prospective effect. (Para 8 , 10 , 14)
3. historical context and interpretations of annulment. (Para 9 , 22 , 28 , 29)
4. analysis of statutory powers regarding annulment. (Para 11 , 12 , 13 , 15)
5. final ruling on effects of annulment. (Para 36 , 37 , 38 , 39 , 40)
Zaki Tun Azmi CJ:

Introduction

[1] These appeals are about a business man who became a bankrupt and while he was a bankrupt, he obtained a judgment against a bank. Subsequently his bankruptcy was annulled by the court. A dispute now arises between him and the bank. The bank says that the judgment that he obtained was null and void and unenforceable being in breach of s 105 of the Bankruptcy Act 1967 (Act 360) ("the Act"). He, on the other hand argued that since his bankruptcy was annulled, the adjudication order was wiped out and put him in the same position as if there had been no adjudication. In other words, he can enforce that judgment he obtained against the bank while a bankrupt.

[2] There are two appeals before us, one against the judgment granted by the court on the substantial suit of negligence /

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