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2007 MarsdenLR 2973 ; 2007 MarsdenLR 1

HAMID SULTAN
RE SIOW AH MOI; EX P UNITED ORIENT LEASING COMPANY BHD – Appellant
Versus
. – Respondent


Advocates:
For the applicant/debtor - Fabian Sigar; M/s John Shek, Sigar, Wei Yee & Co
For the petitioning creditor - Lau Mei Ling; M/s Sim & Yee

JUDGMENT

Hamid Sultan JC:

[1] This is my judgment in respect of the appellant's appeal against the decision of the learned registrar's refusal to allow the appellant's application for discharge as a bankrupt made pursuant to s. 33 of the Bankruptcy Act 1967 (BA 1967) and r. 194 of Bankruptcy Rules 1969 (BR 1969). The appeal is only opposed by one creditor.

[2] The appellant (housewife) now aged 71 years was made a bankrupt by United Orient Leasing Co. Berhad, Kuching for failure to honour her obligations under a guarantee which she executed with her husband for business facilities which she had no benefit of. There were 17 creditors who filed the proof of debt the total sum of the same amounting to more than 9 million ringgit. The appellant had filed her statement of affairs on 5 October 1987. Public Examination was conducted on 19 December 1992 and the court had directed the appellant to pay monthly instalment of RM20 commencing from 1 January 1993. She has been paying the instalment without default. On 9 June 2005 the appellant made an application (encl. 97) for discharge as a bankrupt. The Official Assignee's report is very favourable to the appellant. The report shows that (i)

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