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HIGH COURT SABAH & SARAWAK SIBU
RE: MADZEHI @ MADIHI SANI; EX-PARTE: MAYBANK ISLAMIC BERHAD
What is the scope of the Court's power under s 33B(4) IA 1967 to prohibit the DGI from issuing a discharge certificate? What is the proper exercise of discretion by the DGI under sections 33A-33B IA 1967, and can the Court intervene when that discretion is allegedly misapplied? How to assess timeliness, procedural form (Form 98) and curability of defects in objections and applications under the Insolvency Act 1967?
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
| Table of Content |
|---|
| 1. jc's appeal against sar's decision. (Para 1 , 2) |
| 2. sar has jurisdiction in bankruptcy matters. (Para 10 , 11 , 12) |
| 3. jc contends dgi's rejection invalid. (Para 14 , 15) |
| 4. dgi asserts jc's objection out of time. (Para 16 , 17 , 18) |
| 5. timeliness of jc's objection notice questioned. (Para 19 , 20 , 21 , 22) |
| 6. jc's objection served within valid time. (Para 34 , 35) |
| 7. application not in proper form but salvageable. (Para 36 , 41) |
| 8. various modes of bankruptcy discharge established. (Para 43 , 45 , 47) |
| 9. judicial scrutiny on dgi's discretion in bankruptcy. (Para 56 , 58) |
| 10. court allows jc's appeal, imposes two-year prohibition. (Para 125 , 126) |
The Judgment Creditor's Appeal
[1] This is a Judgment Creditor's (JC) appeal (Encl. 16) against the decision of the Senior Assistant Registrar (SAR) on 20 November 2024 disallowing the JC's applications under Summons In Chambers dated 26 November 2024 (Encl. 1).
[2] By the JC's Summons In Chambers (Encl. 1), the JC applied for:
(1) An extension or abridgment of time (if necessary) to file the present application under s 33B(4) of the Insolvency Act 1967 ( IA 1967).
(2) An order prohibiting the Director-General
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