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2009 MarsdenLR 1047

HIGH COURT MALAYA KUANTAN
HASNAH CHE HASAN – Appellant
Versus
HONGKONG BANK MALAYSIA BHD – Respondent


Petitioner Advocates:Dato' Bastian Vendargon,R Sarengapani ,Respondent Advocate: Wai Lai Fong

VT Singham J:

[1] This is an appeal to the judge in chambers (encl 42) by the appellant/judgment debtor (JD) against the decision of the learned Deputy Registrar dated 16 June 2008 (encl 58). The learned Deputy Registrar had dismissed with costs the JD's application by way of summons in chambers dated 11 January 2007 (encl 21) to annul the Receiving Order and Adjudicating Order given on 21 November 1995. The JD who is dissatisfied with the decision of the learned Deputy Registrar had filed this notice of appeal to the judge in chambers dated 17 June 2008 (encl 42). An appeal to the judge in chambers, the jurisdiction to review, rescind or vary any order made by the registrar under the bankruptcy proceedings is a rehearing.

[2] The grounds raised by the JD before the learned Deputy Registrar in support of the application to annul the receiving order and the Adjudicating Order given on 21 November 1995 by way of summons in chambers (encl 21) are briefly as follows:

(i) The bankruptcy notice and creditor's petition were not served on the judgment debtor at the correct address.

(ii) The cause papers have been tampered with.

(iii) The calculation of the sums claimed was not in accordance wit

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