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Uis 4612-Law of Insolvency Tri 2, 2020/2021 Tutorial 6 - Tutorial Questions

This document contains 4 questions related to insolvency law in Malaysia. Question 1 asks the student to advise JC on a bankruptcy petition filed against JD, with JD arguing the petition is invalid because the signatory was not authorized and JC failed to repossess a car. Question 2 asks the student to advise P on entering a caveat and seeking specific performance after a property P purchased was conveyed to the Director General of Insolvency when the seller V became bankrupt. Question 3 asks the student to advise RBB on the viability of appealing a decision allowing a bankruptcy order against Tom to be rescinded after Tom's uncle paid RBB to settle Tom's debt. Question 4 asks

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Azreen Azlan
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40 views

Uis 4612-Law of Insolvency Tri 2, 2020/2021 Tutorial 6 - Tutorial Questions

This document contains 4 questions related to insolvency law in Malaysia. Question 1 asks the student to advise JC on a bankruptcy petition filed against JD, with JD arguing the petition is invalid because the signatory was not authorized and JC failed to repossess a car. Question 2 asks the student to advise P on entering a caveat and seeking specific performance after a property P purchased was conveyed to the Director General of Insolvency when the seller V became bankrupt. Question 3 asks the student to advise RBB on the viability of appealing a decision allowing a bankruptcy order against Tom to be rescinded after Tom's uncle paid RBB to settle Tom's debt. Question 4 asks

Uploaded by

Azreen Azlan
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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UIS 4612- LAW OF INSOLVENCY

Tri 2, 2020/2021
TUTORIAL 6- TUTORIAL QUESTIONS

QUESTION 1

On 9 Oct. 2016 JC filed a bankruptcy notice against the JD pursuant to a final judgment
obtained at the Melaka Sessions court on the 15 Jan. 2017 for a sum of RM 65,000/- , interest
and costs due on a Nissan Sunny car under a hire purchase agreement. Since the JD failed to
pay within the stipulated period, JC took out a creditor's petition on 3 March 2017. The petition
was signed by the Divisional Manager of JC’s Melaka operations namely one MAK.

He also signed the affidavit verifying the petition. JD now applies to show cause against the
creditor’s petition on the grounds that:-

(i) MAK is not authorized signatory of JC


(ii) that JC failed to take any step to repossess and sell the Nissan Sunny car towards satisfaction
or reduction of JD’s indebtedness.

Advise JC.

QUESTION 2 (adopted from CLP Oct. 2007)

In March 2017, P bought all that piece of land held under HSD 4124 PTD 231, Mukim Melaka
Tengah together with a double storey bungalow house erected on it known as No. 5, Jalan
Dapat, Taman Dapat, 75450 Melaka for the price of RM650,000/- (the said property). P settled
the full purchase price in June 2017. However before the transfer could be completed V was
adjudged a bankrupt and P had to file proof of debt. The said property was conveyed to the
DGI. On 1 April 2018, V applied to discharge himself as a bankrupt on the grounds that he had
settled all his debts. P had been offered full repayment of the purchase price paid by him but P
refused to accept it and demanded specific performance. The DGI made a discharge order in
favour of V. P seeks your advice on entering a private caveat and commencing an action for
seeking specific performance.

Advise P.

QUESTION 3 (adopted from CLP July 2007)

On 17.2.2018, R Bank Bhd. (RBB) obtained judgment against Tom at the KL High Court for
RM350,000/- together with interest and costs. On 14.6.2018 the BO was made against Tom on
the Creditor’s Petition filed by RBB. Subsequently, Tom’s uncle Brian approached RBB 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 BO rescinded on the
grounds that the debt had been fully settled. The Senior Assistant Registrar (‘SAR’) of the High
Court allowed the application although it was objected to by RBB.

RBB intends to appeal to the judge in Chambers.

Advise RBB on the viability of the appeal.

1
QUESTION 4

A Bankruptcy Order was made against James on 1.12.2015. James seeks your advice as to:

(i) When he may apply for a discharge and under what circumstances he may do so?

(ii) The effect of his discharge on the debts provable in his bankruptcy.

Advise James accordingly.

*****

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