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Cases

AFFIN BANK BERHAD v. ABU BAKAR ISMAIL
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Azahar Mohamed CJM, David Wong Dak Wah CJSS, Rohana Yusuf PCA, Nallini Pathmanathan FCJ
[Civil Appeal No: 03(f)-05-10-2017 (W)]
25 February 2020
[2020] 2 MLRA 99

JUDGMENT

Tengku Maimun Tuan Mat CJ:

Introduction

[1] This appeal concerns the law on annulment of bankruptcy under s 105(1) of the Bankruptcy Act 1967 ("the BA 1967").

Background Facts

[2] The appellant ("the Bank") obtained a summary judgment against the respondent ("the debtor") on 8 July 2004. Thereafter the Bank commenced bankruptcy proceedings against the debtor. The bankruptcy proceedings were resisted by the debtor wherein he filed:

(i) an application to set aside the Bankruptcy Notice on 29 November 2010; and

(ii) Notice of Intention to oppose the Creditor's Petition on 20 June 2012.

[3] The High Court dismissed his application to set aside the Bankruptcy Notice. The decision of the High Court was affirmed by the Court of Appeal. The debtor's attempt to oppose the Creditor's Petition also suffered the same fate. His Notice of Intention to Oppose the Creditor's Petition was dismissed by the High Court and was upheld by the Court of Appeal.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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