Abdul Aziz Mohamad JCA (dissenting):

The learned senior assistant registrar had dismissed the respondent's notice of intention to oppose the appellants' bankruptcy petition and had made receiving and adjudication orders against the respondent. On the respondent's appeal to the judge in chambers, the learned judge (then a judicial commissioner by appointment), allowing the appeal, set aside the receiving and adjudication orders. The appellants appealed to this court.

The appellants had, after 30 September 1999, that is after filing their notice of appeal, effected a change of their name from Affin Credit (1991) Sdn Bhd to Boustead Credit Sdn Bhd, and on the date of hearing of their appeal, 21 January 2003, we allowed their application to change their name in the appeal.

The bankruptcy proceedings against the respondent were a sequel to a writ action brought by the appellants against four parties: Prayitno (M) Sdn Bhd, the respondent, another individual, and Arief Holdings Sdn Bhd. The claim of the appellants in the action was for a sum due under a leasing agreement dated 23 September 1983 and a variation leasing agreement dated 23 May 1984 between the appellants, as owner o