JUDGMENT

Ahmad Maarop FCJ:

[1] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as our learned brother, Justice Apandi Ali FCJ has since resigned, upon his appointment as the Attorney General of Malaysia.

[2] In this appeal, the appellant is the judgment creditor and the respondent is the judgment debtor. This judgment concerns the appeal by the appellant against the decision of the Court of Appeal which overturned the decision of the High Court made on 15 June 2011. In its decision, the High Court reversed the decision of the Senior Assistant Registrar who had set aside the bankruptcy notice upon the application made by the respondent.

[3] The background facts leading to the present appeal are these. On 10 July 1998, the appellant obtained a summary judgment against the respondent in the sum of RM11,482,024.19 with interest at 13% from 17 December 1997 until the date of settlement. Based on that judgment, on 18 December 2008 (ten years and five months after the judgment was obtained), the appellant issued a bankruptcy notice. The particulars of the sum claimed in the bankruptcy notice are as follows:

[4] On 21 April 2009, pursuant to its