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2000 MarsdenLR 2217

IDRIS
MAT ALI HANAFIAH BIN MOHAMED – Appellant
Versus
EX P ASIA COMMERCIAL FINANCE (M) BHD – Respondent


Advocates:
Jegathesan C ( C Jegathesan) for the judgment debtor.
Mahamidah bte Mohamad ( HS Lim & Malik) for the judgment creditor.

Table of Content
1. initial orders made by the senior assistant registrar. (Para 1)
2. dispute on the validity of the notice of appeal. (Para 2 , 3 , 4)
3. discussion on relevant rules and their applicability. (Para 5 , 6 , 7)
4. clarification on procedural rules relating to bankruptcy appeals. (Para 8 , 9 , 10 , 11 , 12)
5. final decision to dismiss the appeal with costs. (Para 13)
IDRIS J:

(1) : Receiving and adjudication orders were made by the senior assistant registrar (‘the SAR’) on 8 October 1997 against the judgment debtor (‘the JD’) following a creditor’s petition filed by the judgment creditor, Asia Commercial Finance (M) Bhd (‘the JC’). Being dissatisfied with the said orders, the JD filed a notice of appeal to the judge in chambers on 16 October 1997. When the appeal came on for hearing before me, the JC’s counsel indicated that she intended to raise a preliminary objection on the validity of the notice of appeal and that notice of such intention had been conveyed to the JD’s counsel. I then made an order requiring counsel for both parties to file written submissions on this preliminary objection.

(2) In their submissions, the JC’s counsel contends that the instant appeal

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