Idris Yusoff J:

Receiving and adjudication orders were made by the senior assistant registrar (SAR) on 8 October 1997 against the judgment debtor (JD) following a creditor's petition filed by the judgment creditor, Asia Commercial Finance (M) Bhd (JC). Being dissatisfied with the said orders JD filed a notice of appeal to the judge in chambers on 16 October 1997. When the appeal came on for hearing before me JC's counsel indicated that she intended to raise a preliminary objection on the validity of the notice of appeal and that notice of such intention had been conveyed to JD's counsel. I then made an order requiring counsel for both parties to file written submissions on this preliminary objection.

In their submissions JC's counsel contends that the instant appeal, being an appeal to the judge in chambers is governed by O. 56 of the Rules of High Court 1980,and of particular relevance is r. 1(3) which states:

1.(3) Unless the Court otherwise order, the notice must be issued within 5 days after the judgment, order or decision appealed against was given or made and served not less than 2 clear days before the day fixed for hearing the appeal.

Since the decision of SAR was