KETUA PENGARAH INSOLVENSI vs GOH AH KAI & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 2173

COURT OF APPEAL PUTRAJAYA
KETUA PENGARAH INSOLVENSI – Appellant
Versus
GOH AH KAI & ANOR – Respondent

Table of Content
1. background of bankruptcy and annulment application. (Para 1 , 2 , 3)
2. details on payment settlement by third party and the implications. (Para 4 , 5 , 7)
3. legal principles on bankruptcy annulment and creditor protection. (Para 9 , 10 , 18)
4. discussion of relevant sections of bankruptcy act 1967. (Para 11 , 13 , 14 , 15)
5. court's discretion in annulment application reviewed. (Para 26 , 27 , 29)

JUDGMENT

Vernon Ong JCA:

Introduction

[1] The 1st respondent was adjudged a bankrupt on 9 January 2013. The 1st respondent's application to annul the bankruptcy order against him was dismissed with costs by the Senior Assistant Registrar (SAR). On appeal to the Judge in Chambers, the learned Judicial Commissioner (JC) set aside the decision of the SAR and annulled the bankruptcy order made against the 1st respondent. This is the Director General of Insolvency's (DGI) appeal against the decision of the learned JC.

Brief Account Of The Salient Facts

[2] The 2nd respondent, Parkway Hospitals Singapore Pte Ltd, was the plaintiff in a suit filed in the Johore Bahru Sessions Court. There were two defendants, the first was one Madam Tan Lai Huwee and the second was the 1st responden

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2015 MarsdenLR 2173

COURT OF APPEAL PUTRAJAYAKETUA PENGARAH INSOLVENSI – AppellantVersusGOH AH KAI & ANOR – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
KETUA PENGARAH INSOLVENSI – Appellant
Versus
GOH AH KAI & ANOR – Respondent