Kerajaan Malaysia v SAYYID SHAH BIN ABDULLAH (WA-29NCC-80-01/2023)

These Grounds concern 2 Notices of Appeal dated 28.1.2026 filed vide Encl 229 and Encl 230 against my decision on 13.1.2026 dismissing both Encl 186 and Encl 187, being the Judgment Debtor’s (“JD”) Notices of Appeal to the Judge in Chambers.

These appeals were filed by the JD against the decision of the Senior Assistant Registrar who dismissed the JD’s Notice of Intention to Oppose the Petition (Encl 153) and Application to Set Aside the Creditor’s Petition (Encl 154), with costs of RM3,000.00 to the Judgment Creditor (“JC”).

At the hearing on 13.1.2026. the parties agreed that there is only 1 issue in both Encl 186 and 187. It was whether the CP was properly presented.

The JD relied on paras 30 and 31 in Encl 199. In essence, the submission was that the JC’s claim was that JD was domiciled in Penang within 1 year prior to the submission of the CP but in truth, he was actually domiciled in Selangor. Therefore, the Creditors' Petition is invalid and null and void as it fails to comply with s. 5(1) (d) of the Insolvency Act 2017.

S. 5(1)(d). It provides: “Conditions on which creditor may petition

(1) A creditor shall not be entitled to present a bankruptcy petition against a debtor unless—

the debt owing by the debtor to the petitioning creditor, or if two or more creditors join in the petition the aggregate amount of debts owing to the several petitioning creditors, amounts to *fifty thousand ringgit;

the debt is a liquidated sum payable either immediately or at some certain future time;

the act of bankruptcy on which the petition is grounded has occurred within six months before the presentation of the petition; and

the debtor is domiciled in Malaysia or in any State or within one year before the date of the presentation of the petition has ordinarily resided or had a dwelling house or place of business in Malaysia or has carried on business in Malaysia personally or by means of an agent or is or has been within the same period a member of a firm or partnership which has carried on business in Malaysia by means of a partner or partners or an agent or manager.”

Section 2 of the Insolvency Act 1967 defines a bankruptcy petition as follows: - "bankruptcy petition" means a creditor's petition or a debtor's petition for bankruptcy;

With respect, the JD appears to have misread s. 5(1)(d). All that is required is for the JD to have resided in Malaysia 1 year prior to the presentation of the CP. As such, whether he was resident or domiciled in Penang or Selangor is immaterial. He was resident in Malaysia within the section.

There are therefore no merits in the Appeals.

In the circumstances, I dismissed both Encl 229 and 230 with costs of RM5,000.00 for both Enclosures. Dated the 16th day of March 2026 ...........................tt............................. YA TUAN SAHERAN SUHENDRAN JUDICIAL COMMISSIONER OF THE HIGH COURT (COMMERCIAL 11) (INSOLVENCY 2) OF KUALA LUMPUR IN THE TERRITORY, MALAYSIA Legislation References: • Insolvency Act 2017 • Insolvency Act 1967 Decision Date: 13th January 2026 Counsel for the Judgment Debtor: Solicitors: Lee Teong Hooi Messrs. Lee Tan & Associates (Petaling Jaya) Counsel for the Judgment Creditor: Solicitors: Qhistina Mohd Apandi Lembaga Hasil Dalam Negeri (LHDN),