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COURT OF APPEAL (PUTRAJAYA)
AZIMAH OMAR, J, CHE MOHD RUZIMA GHAZALI, JJCA, SURAYA OTHMAN, J
Lim Chee Tat – Appellant
Versus
Maybank Islamic Bhd – Respondent
| Table of Content |
|---|
| 1. appellant's bankruptcy status and required leave. (Para 1 , 2 , 3) |
| 2. overview of case facts leading to the appeal. (Para 4) |
| 3. appellant argues jid is irregular due to bankruptcy. (Para 5 , 6 , 7 , 8) |
| 4. respondent's argument against setting aside jid. (Para 9 , 10 , 11) |
| 5. court's findings on timely application and propriety of application. (Para 12 , 13 , 14) |
| 6. determining issues surrounding jid and annulment. (Para 15 , 16 , 17) |
GROUNDS OF JUDGMENT
A. INTRODUCTION
[1]The Appeal before us is the Appellant’s complaint against the Learned Judicial Commissioner’s decision on 9.3.2022 to dismiss the Appellant’s Appeal (effectively confirming the Senior Assistant Registrar’s (“SAR”) earlier decision dated 14.12.2021 to dismiss the Appellant’s application to set aside a judgment in default entered against the Appellant on 23.11.2016) (“JID”).
[2]The Appellant contended that when the JID was entered on 23.11.2016 the Appellant was an undischarged bankrupt and in entering the JID against the Appellant (being a bankrupt), the Respondent did not first, obtain the required leave of Court under section 8(1) Bankruptcy Act 1967
[3]Therefore, it is the Appellant’s pos
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