Question 1

On 15 March 2018 BBB obtained Judgment against Borrower at the Melaka High Court for
the sum of RM550,000/- with interest and costs. On 5 June 2018, personal service of Notice
of Bankruptcy was effected on Borrower. As Borrower did not respond to the bankruptcy
Notice, BBB proceeded to apply for a creditor’s petition, served it on 15 October 2018.
Borrower, by borrowing from various family members paid BBB a sum of RM250,000/- and
was seeking time to pay the balance on the basis that he was trying to sell of certain property
that he has in Singapore that was valued at more than RM1 million. Meanwhile Bankruptcy
Order made against Borrower on 23 Dec. 2018. Borrower seeks your advice on setting aside
the Bankruptcy Order as he was not aware of its service since he was busy in Singapore
arranging for the sale of his property.
Advise Borrower.

Conclusion: cannot set aside

Question 2
On 17.4.2018, Bank Kaya obtained judgment against Amelia in Melaka High Court for
RM500,000.00 together with interest and costs. On 2.5.2018, Bank Kaya served a bankruptcy
Notice on Amelia and she ignored it.
On 2.6.2018, Bank Kaya filed and served a Creditors Petition on Amelia together with an
affidavit verifying the petition on Amelia. The Creditors Petition was attested by a Solicitor
from Kuching, Sarawak. Amelia intends to oppose the Petition.
Advise Amelia.
Question 3
On 17.2.2019, Bank Kaya Bhd. (BKB) obtained judgment against Tom at the Melaka High
Court for RM350,000/- together with interest and costs. On 14.6.2019 the Bankruptcy Order
was made against Tom on the Creditor’s Petition filed by BKB.
Subsequently, Tom’s uncle Brian approached BKB and made a payment of RM300,000/- in
full and final settlement of its claim against Tom. Tom subsequently filed an application
under s.105(1) IA 1967 to have the Bankruptcy Order annulled on the grounds that the debt
had been fully settled. The SAR of the HC allowed the application although it was objected
to by BKB.
BKB intends to appeal to the judge in Chambers. Advise BKB on the viability of the appeal.