KANG HWEE GEE
RE JOSHUA TAN PIN PIN; EX P WILLIAM JACKS & CO (M) SDN – Appellant
Versus
. – Respondent
Kang Hwee Gee J:
This is my oral judgment: (ex-tempore)
[1] This is an appeal against the decision of the Senior Assistant Registar in dismissing the bankrupt's application to be discharged from bankruptcy under s. 33(1) of the Bankruptcy Act 1967. Section 33(1) read as follows:
A bankrupt may at any time after being adjudged bankrupt apply to the court for an order of discharge, and the court shall appoint a day for hearing the application.
[2] The grounds relied upon by the bankrupt in making the application before the Senior Assistant Registrar are as follows:
1. RO and AO were made against the bankrupt on 27 August 1992 - some 14 years ago.
2. At the time the orders were made he was merely 33 years old.
3. The debt arose from a letter of guarantee in respect of the grant of credit facility in the supply of goods to his company of which he was a director.
4. At the time of executing this guarantee he was merely 27 years old.
5. By the time the meeting of creditors was convened by the Official Assignee, the total provable debt of the bankrupt came to approximately RM5,749,105.98.
6. The guarantee was executed by the bankrupt on the behest of his father who was at that ti
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