Chapter 11 - Bankruptcy Court & Appeals Flashcards
BANKRUPTCY COURT & APPEALS
Overview
1) The relevant laws
2) Jurisdiction
3) General powers of bankruptcy court
3) Discretionary power of court
4) Power to change carriage of proceedings
6) Bankruptcy appeals
BANKRUPTCY COURT & APPEALS
The relevant laws
Part V IA
BANKRUPTCY COURT & APPEALS
Jurisdiction
S.88:
- Jurisdiction of High Court
S.90:
- Jurisdiction of Registrar
BANKRUPTCY COURT & APPEALS
General powers of bankruptcy court
S.91
BANKRUPTCY COURT & APPEALS
Discretionary powers of bankruptcy court - the law
S.93
- court may amend any written process or proceeding upon such terms as it thinks fit.
BANKRUPTCY COURT & APPEALS
Discretionary powers of bankruptcy court - application - power to amend under S.93(3)
FC, 2019
Ambank (M) Bhd & Ors v Lim Sue Beng:
- power under S.93(3) is limited to correctible clerical or minor error which cause no prejudice to judgment debtor.
- amendment to remove name is not permissible, i.e. it would change the character of the BN & cause prejudice to the JD.
BANKRUPTCY COURT & APPEALS
Power to change carriage of proceedings - the law
S.95
BANKRUPTCY COURT & APPEALS
Power to change carriage of proceedings - application
FC, 2019
Ambank (M) Bhd & Ors v Lim Sue Beng:
- It only allows substitution of a petitioner or providing the DGI carriage of proceedings where the petitioner does not proceed with due diligence & obtain BO.
- S.95 does not apply when co-petitioner who had received his portion of judgment but later wished to cease from being a party in the proceedings.
BANKRUPTCY APPEALS
the law
S.92
BANKRUPTCY APPEALS
whether appeals by bankrupt needs sanction
FC, 2018
Akira Sales & Service Sdn Bhd v Nadiah Zee Abdullah:
- An undischarged bankrupt could appeal against an order in bankruptcy to a judge, Court of Appeal or even, with leave, to this court, without the previous sanction of the DGI because such appeal is a continuation of the challenge to the order in bankruptcy.
