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2016 MarsdenLR 1187

COURT OF APPEAL PUTRAJAYA
LIM TEE KEONG – Appellant
Versus
HLG SECURITIES SDN BHD – Respondent


Table of Content
1. application for bankruptcy discharge case. (Para 1 , 2 , 4)
2. statutory provisions under the bankruptcy act. (Para 5 , 6)
3. consideration of circumstances leading to bankruptcy. (Para 8 , 12)
4. judicial discretion and statutory compliance. (Para 11 , 24)
Abdul Aziz Abdul Rahim JCA:

[1] This is an appeal by the appellant (a bankrupt) who was the applicant in the High Court against the dismissal of his application to be discharged from his bankruptcy on 21 November 2013 by the High Court on appeal to the judge in Chambers. The application for the discharge was made pursuant to s 33 of the Bankruptcy Act 1967 ("the Act"). Earlier, the Deputy Registrar had heard the application and had dismissed the same on 5 July 2013.

[2] The bankrupt in this case, Lim Tee Keong, had passed away on 14 April 2014 before this appeal could be heard and disposed of. For the purpose of continuing this appeal, this Court had on 30 April 2014, on an application of one Lim Chee Wah, the younger brother of the bankrupt, allowed the applicant Lim Chee Wah to carry on this appeal in place of the bankrupt.

[3] Before the application for discharge was made on 11 March 2013, the bankrupt has been

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