JUDGMENT

Ramly Ali JCA:

(1) The present appeal is against the decision of the learned Judicial Commissioner dated 5 August 2010 dismissing the appellants appeal against the decision of the learned Senior Assistant Registrar given on 28 January 2010, dismissing the preliminary objection of the appellant and allowing the respondents application (vide encl. 16) to substitute the 2nd respondent (HLG Capital Market Sdn Bhd) as the judgment creditor in place of the 1st respondent (HLG Credit Sdn Bhd) in the pending bankruptcy proceeding.

Brief Facts

(2) On 26 February 1999, the 1st respondent obtained a judgment against the appellant at the Kuala Lumpur High Court vide Civil Suit No: D2-22-476-1998. On 11 October 2004, the 1st respondent filed a bankruptcy notice (BN) against the appellant at the Johor Bahru High Court vide Bankruptcy Suit No: 29-3033-2004 based on the above judgment. On 17 March 2005, the 1st respondent filed a creditors petition (CP).

(3) In the meantime, while the CP was still pending in court, all rights of the 1st respondent in respect of the appellants indebtedness under the judgment were assigned to the 2nd respondent; vide a deed of assignment dated 24 Sept