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Cases

MOHD SOFI ABDUL GHAFAR v. KETUA PENGARAH INSOLVENSI & ANOR
High Court Malaya, Shah Alam
Faizah Jamaludin J
[Civil Suit No: BA-21NCVC-27-06-2020]
25 January 2023
[2023] 3 MLRH 1

JUDGMENT

Faizah Jamaludin J:

Introduction

[1] The Plaintiff is a discharged bankrupt. He was discharged from his bankruptcy with effect from 30 November 2018 through a Certificate of Discharge issued by the Director General of Insolvency ("DGI") under s 33A of the Insolvency Act 1967 ("the Insolvency Act"). He wants the DGI to pay him the monies in his estate in bankruptcy after the DGI had paid the sum of RM277,913.08 to the Lembaga Hasil Dalam Negeri ("LHDN") being income tax owing by the Plaintiff to the LHDN.

[2] The DGI plans to pay the LHDN the sum of RM76,211.52 only and not the full sum of RM277,913.08 owed by the Plaintiff. After payment of the sum of RM76,211.52 to the LHDN, the DGI intends to distribute the balance of the Plaintiff's estate in bankruptcy for the remaining amount owing to the LHDN plus the debt owing to his other creditors as dividends in pari passu.

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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