GROUNDS OF JUDGMENT

James Foong Cheng Yuen, Heliliah Mohd Yusof, Sulong Matjeraie JJCA:

Introduction

(1) The appellant is an undischarged bankrupt. An adjudicating and receiving order (AO & RO) were made against him by the Bankruptcy Court on 24 September 1990. This was in pursuant to a Bankruptcy Petition filed by the respondent on 19 March 1990. This petition was served on the appellant by way of substituted service, so was the Bankruptcy Notice issued by the respondent to the appellant prior to the Bankruptcy Petition. The amount stated in the Bankruptcy Notice requiring satisfaction from the appellant is RM113,915.74. This amount was due under a judgment order made by the High Court at Kuala Lumpur on 25 September 1987, where the respondent had brought an action against the appellant and obtained summary judgment after a hearing before the Senior Assistant Registrar (SAR) of the High Court. Record shows that the parties were represented by counsel during this hearing. Dissatisfied with the decision of the SAR, the appellant filed an appeal to the Judge in Chambers but when the appeal came up for hearing before the Judge on 16 November 1988, the appellant and his counsel were absen