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HIGH COURT (KUALA LUMPUR)
AZLAN SULAIMAN, J
Re Lim Sue Beng – Appellant
Versus
Ambank (M) Bhd (Formerly known as Amfinance Bhd which had received all the assets rights and liabilities and business of Ambank Bhd pursuant to the court order dated 18 May 2005) & Ors – Respondent
| Table of Content |
|---|
| 1. overview of appeals and applications (Para 1 , 2 , 3 , 4 , 5) |
| 2. factual background of bankruptcy proceedings (Para 6 , 7 , 8 , 9 , 10) |
| 3. legal principles regarding appeals and the importance of evidence (Para 11 , 12 , 13) |
| 4. jd's arguments and additional grounds against the bankruptcy notice (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 5. enclosure 149 application and its relation to the appeal (Para 20 , 21 , 22) |
| 6. analysis of 'sufficient reason' standard under section 97 (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 7. final decisions and orders of the court (Para 32 , 33) |
[1]This Grounds of Judgment is on two appeals and one application by the Judgment Debtor (“JD”).
[2]The first appeal is in Enclosure 44 (“Enclosure 44 Appeal”), and is the JD’s appeal against the decision of the Senior Assistant Registrar (“SAR”) given on 24.3.2022 dismissing the JD’s application by affidavit in Enclosure 4 under rule 93 of the Insolvency Rules, 2017 (“Enclosure 4 Application”) to set aside the Bankruptcy Notice dated 15.1.2021 that was issued against him (“BN”).
[3]The second appeal is in Enclosure 45 (“Enclosure 45 Appeal”), and is the JD’s appeal against the decision of the SAR also
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