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2008 MarsdenLR 1153

HIGH COURT MALAYA, KUALA LUMPUR
RE FRANCIS PHILLIPS AJ PHILLIPS; EX P BANK PERUSAHAAN KECIL & SEDERHANA MALAYSIA BHD


JUDGMENT

Kang Hwee Gee J:

[1] This is an appeal by the judgment debtor against the decision of the Senior Assistant Registrar in dismissing the judgment debtor's application to set aside the bankruptcy notice on the following grounds:

i. The issue raised before the Senior Assistant Registrar is pertaining to r. 215 of the Bankruptcy Rules 1969 and s. 133 of the Bankruptcy Act 1967 .

Rule 215 reads as follows:

215. Officer of corporation, etc.

Where a corporation presents a petition or takes any other action under this Act, this officer of the corporation may act in his own name, stating that he is such officer duly authorised under seal; but a petition may be presented by the corporation, and signed by the officer on its behalf. Any person chosen by the corporation to act for it as agent, is an "officer" within section 133 , and if duly authorised under seal can act for the corporation.

Section 133 reads as follows:

133. Acts of corporations, firms and mentally disordered persons.

For all or any of the purposes of this Act:

(a) a corporation may act by any of its officers authorized in that behalf under the seal of the corporation;

(b) a firm may act by any of its members;

(c) a mentally di

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