Ravinthran Paramaguru JC:

[1] This is an appeal from the decision of the SAR to dismiss the objection of the judgment creditor under s. 33B of the Bankruptcy Act 1967.

Background Facts

[2] A receiving and adjudication order was made against the respondent in this case on 27 January 2000 for failing to satisfy a judgment in the sum of RM68,032.68. His liability arose from a guarantee he had executed in favour of the applicant to enable his friend one Law Kian Tan to buy a car on hire purchase. His friend defaulted in payment and the respondent was unable to pay the judgment sum. Subsequent to his bankruptcy, the respondent agreed to pay RM50 per month to the official assignee (now director general of insolvency) until full and final settlement of his debt. The debt had by then totalled RM82,660.98 due to accretion of interest. The court made a consent order to that effect on 15 September 2000.

Objection Under S. 33B

[3] This application (encl. 58) was filed on 17 June 2008 by the creditor to prohibit the director general of insolvency (DGI, formerly official assignee) from discharging the respondent from bankruptcy. Under s. 33A which was introduced videAct A1035 in 1998, t