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Insolvency T3Q1 - Presentation
Insolvency T3Q1 - Presentation
• Application:
– The CP would not be defective on the ground that the
affidavit verifying petition was dated on the same date ie.
2/6/2016 as there is no rules requiring the affidavit to be
affirmed after presentation of petition.
Issue 4: Whether the attestation by a solicitor from Kuching,
Sarawak would render the CP defective?
• R.101 :
– Every bankruptcy petition must be attested. If it be
attested in the Federation, the witness must be a
solicitor / Federal Counsel / Magistrate / Director
General of Insolvency / Registrar; or if it be attested
out of the Federation, the witness must be a Judge /
Magistrate / Consul / Vice-Consul / Notary Public.
• Lie Kok Keong v Tang Container & Services Sdn
Bhd [2004] 1 MLJ 373
– Held:
• An advocate & solicitor of the High Court in Malaya is not
authorized to practise in Sarawak, he too cannot attest a petition in
Sarawak even though the petition is to be filed in Penang.
• Application:
– Solicitors in Peninsular M'sia are not allowed to attest a
petition from Sabah & Sarawak, & vice versa.
– The petition attested by a solicitor from Kuching, Sarawak is
not a valid attestation, thus the CP is defective.
Issue 5: Whether the debt must be proved again at the
hearing of the petition?