Tuesday, July 31, 2018

[154.18] COURT'S DISCRETION TO ALLOW ADJOURNMENT


" It is trite law that the Court has a discretion whether or not to allow an adjournment and the exercise of such a discretion going as it does to the management of a case, is one with which an appellate body is slow to interfere. A petitioning creditor is entitled to a bankruptcy order if all the statutory conditions are satisfied. 

In order for the court to deviate from that, then credible evidence has to be put forward to support any request for an adjournment to allow time to pay. Late applications will not usually be entertained, particularly those where there was no reason for a late application to be made."
- Bexter Agas Michael, Judicial Commissioner of Sandakan High Court in -
Re: Mustafah bin Talib; Ex-Parte: Hap Seng Credit Sdn Bhd [ Bankruptcy No. SDK-29NCC-97/3-2017] dated 13th of July 2018.

Credit to - Tuan Ali Munawar
 — at Mahkamah Persekutuan Putrajaya.

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