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1980 MarsdenLR 430

LEE HUN HOE, BORNEO, WAN SULEIMAN, ABDUL HAMID
KAMARUDDIN BIN MOHAMED – Appellant
Versus
UNITED MOTOR WORKS (M) SDN BHD – Respondent


Advocates:
Vincent Lai for the appellant.
VC George for the respondent.
Solicitors: John Ang & Co; Ng Ek Teong & Partners.

Abdul Hamid F.J

(delivering the judgment of the Court): The appeal is against the decision of Anuar J. in the High Court at Johore Bahru dismissing a motion by the appellant asking, inter alia, that the Bankruptcy Notice dated July 23, 1976 and Bankruptcy Petition dated January 20, 1977 be set aside.

There are several grounds of appeal. It is contended that —

(a) there was no proper service of bankruptcy notice on the appellant;

(b) the petition presented by the respondent was signed on its behalf by an officer not duly authorised for that purpose; and

(c) there was no act of bankruptcy committed within the last six months before we presentation of the bankruptcy petition.

Briefly the facts are that the respondents obtained a final judgment on February 2, 1976 for a sum of $6,844.15 with interest at the rate of 6% per annum on the judgment amount and cost. The judgment debt was not satisfied and execution thereon had not been stayed. Bankruptcy notice was issued on July 23. Time for service was extended for one month by court order of September 9, for effective service to be made on or before October 10. By affidavit of posting dated November 4, it is disclosed that posting of cop

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