SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1987 MarsdenLR 716

MOHD.AZMI, SYEDIL BARAKBAH, WAN SULEIMAN
LOW MUN – Appellant
Versus
CHUNG KHIAW BANK LTD. – Respondent


Advocates:
For the appellant - S.I. Rajah; M/s. S.I. Rajah & Partners
For the respondent - L.M. Ong; M/s. L.M. Ong & Co.

JUDGMENT

Mohd. Azmi SCJ:

On 2 July 1986 the appellant was adjudicated a bankrupt in the High Court at Johor Bahru. He is aggrieved by the decision to issue adjudication and receiving orders, and in the appeal before us, the appellant challenges not only the validity of the bankruptcy notice but also of the service of the notice on him. The main issue for determination is whether a bankruptcy notice for the sum of RM2,325,000 and as well as for unspecified amount of interests and costs is a good notice upon which bankruptcy proceedings may be founded under

Legislation referred to:

Legislation referred to:

Bankruptcy Act 1914 [UK], s. 1(1)(g)

Bankruptcy Act 1967, ss. 3(1)(i), 93(4)

Bankruptcy Rules 1969, rr. 97, 110,131,274

Interpretation Act 1967, s. 62

s. 3(1)(i) Bankruptcy Act 1967.

The appellant (hereinafter referred to as "the debtor") is one of the guarantors (i.e., sureties) in a loan transaction between Tuahbina Sdn. Berhad and the respondent bank (hereinafter referred to as "the creditor"). Arising from the said guarantee the creditor on 21 January 1985 obtained a final judgment against the Debtor vide Johor Bahru High Court civil suit No. 442 of 1984 in the principal sum

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top