Tutorial 5

1. Mr Pandai who resides and runs a business of music school in Petaling Jaya was
served with a bankruptcy notice on 14 August 2020 for the amount of RM120,000 by Piano
& Guitar Sdn Bhd. Mr Pandai did not pay the amount claimed in the bankruptcy notice. Since
Mr Pandai did not make any payment towards the sum claimed in the bankruptcy notice
Piano & Guitar Sdn Bhd presented a Creditors Petition dated 30 March 2020 against Mr
Pandai. The Creditor’s Petition was signed by Piano & Guitar Sdn Bhd’s authorised officer
and was attested to by Mr Lawyer, a solicitor practising in Kuching, Sarawak. Mr Lawyer
also affirmed the affidavit verifying the creditor’s petition on 27 March 2020.

Mr Pandai comes to see you for advice regarding the Creditor’s Petition. Advice Mr Pandai.

2. Mr. Pelupa was served with a creditor’s petition by Coldplay Bank Berhad pursuant to
his non-compliance of a bankruptcy notice served on him by the bank. The creditor’s petition
was fixed for hearing on 30/4/2020 before the High Court of Malaya in Shah Alam. Mr
Pelupa informs you that he has only recently gone to the bank to negotiate a settlement on the
amount claimed and would like to request an adjournment on 30/4/2020.

Referring to provisions of the law and decided cases advise Mr Pelupa on the possibility of
his success in obtaining an adjournment for the hearing on 30/4/2020.

3. On 17.4.2006, Top Bank obtained judgment against Alice in KL High Court for
RM500,000.00 together with interest and costs. On 2.5.2006, Top Bank served a bankruptcy
Notice on Alice and she ignored it. On 2.6.2006, Top Bank filed and served a Creditors
Petition on Alice together with an affidavit verifying the petition on Alice. The Creditors
Petition was attested by a Solicitor from Kuching, Sarawak. Alice intends to oppose the
Petition, advise Alice.

4. A creditor’s petition was served on Mr Hutang by Kadoline Bank Berhad. Mr Hutang

wishes to oppose the creditor’s petition because he was of the view that the bankruptcy notice
was invalid as the creditor had miscalculated the amount claim. The amount claimed is
actually RM45,000 instead of RM55,000. According to him, he has in his safekeeping
documents which showed several payments which were made by him to the creditor.
However, these payments were not taken into consideration by the creditor in calculating the
amount claimed by the creditor.

Advise Mr Hutang on the following:

(i) whether he can show cause the creditor’s petition?

(ii) what are the procedures to show cause the creditor’s petition?
(ii) The proceedings of the petition’s hearing. You were informed by Mr Hutang that the
creditor has stated to him that it will not be attending the hearing.