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K.C. Vijayan
Senior Law Correspondent
The High Court has ruled that a retiree made bankrupt in Malaysia
can also be made bankrupt in Singapore for the same debts owed
there.
In a test case, the High Court overruled a lower court decision and
declared Malaysian Ling Lee Soon, 71, bankrupt for owing RM58
million (S$18.7 million) to the Lembaga Tabung Angakatan Tentera
(Malaysia) or Armed Forces Fund Board of Malaysia.
Writing in the judgment grounds issued last week, Justice Woo Bih Li
rejected Mr Ling's claim that the Board's real aim was to embarrass
him with the Singapore court proceedings rather than recover a debt
from him.
Given that Mr Ling had already been made bankrupt in Malaysia, the
Board would not "deliberately throw good money after bad just to
embarrass him", said Justice Woo.
The Board, which had obtained judgment for the sum against him in
Kuala Lumpur in 2014, had sought to recover the money in Singapore
when he failed to pay and it could not trace any significant
unencumbered assets owned by him in Malaysia.
Mr Ling argued through his lawyer, Mr Roy Lim from Robert Wang &
Woo, that he considered home to be Kuala Lumpur, Kuching and
Sibu, and he had only a long-term visit pass to visit relatives in
Singapore.
The judge said the Bankruptcy Act does not preclude the making of
concurrent bankruptcy orders in Malaysia and Singapore, or it would
have been worded by Parliament to dismiss any Singapore bankruptcy
application if there were a prior Malaysian order.
Justice Woo said the purpose of the application was to appoint the
Official Assignee to probe if Mr Ling had assets in Singapore that
could be recovered to pay his debt.
"In other words, the making of the bankruptcy order in Singapore was
not an academic exercise," said Justice Woo.