LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA vs HAI KIONG NIANG & ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 MarsdenLR 1808

COURT OF APPEAL PUTRAJAYA
LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA – Appellant
Versus
HAI KIONG NIANG & ANOTHER APPEAL – Respondent

Petitioner Advocates:Mohd Wafiy Azman,Muhammad Haikal Muhammad Suhaimi ,Respondent Advocate: Izzatul Amira Abd Samad

Table of Content
1. epf initiated bankruptcy proceedings against respondents. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. grounds raised by epf against annulment determination. (Para 9 , 10 , 12 , 13 , 14)
3. issues considered during annulment application. (Para 19 , 20 , 21 , 22)
4. court's reasoning for rejecting respondents' annulment. (Para 23 , 24 , 25 , 26 , 27 , 28)
5. court's emphasis on creditor's rights and statutory obligations. (Para 30 , 31 , 32)

JUDGMENT

Azman Abdullah JCA:

Introduction

[1] These are two appeals by the Lembaga Kumpulan Wang Simpanan Pekerja (hereinafter referred to as "EPF") against the orders of the High Court granted on 12 July 2023 allowing the applications by the Judgment Debtors, i.e,, the Respondents in both appeals, for the annulment of the Bankruptcy Orders dated 11 May 2021 under s 105 of the Insolvency Act 1967 .

[2] Both appeals were first heard on 23 January 2025 and adjourned for continued hearing on 11 April 2025. These appeals are now fixed for decision on 11 July 2025.

Background Facts

[3] Briefly, the EPF is the Judgment Creditor who initiated bankruptcy proceedings against the Respondents, who are the directors of Hawaii Bakery & Food Industries (M

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2025 MarsdenLR 1808

COURT OF APPEAL PUTRAJAYALEMBAGA KUMPULAN WANG SIMPANAN PEKERJA – AppellantVersusHAI KIONG NIANG & ANOTHER APPEAL – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA – Appellant
Versus
HAI KIONG NIANG & ANOTHER APPEAL – Respondent