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HIGH COURT SABAH & SARAWAK KUCHING
RE LAU KAH LAY & TANG KUONG TIEW; EX P COLD STORAGE (MALAYSIA) BHD
[1] This is an appeal by two bankrupts Lau Kah Lay and Tang Kuong Tiew against the refusal of the Deputy Registrar to have them discharged as bankrupts under s 33 of the Bankruptcy Act 1967. The proper manner in which to consider this appeal is stated in Seloga Jaya Sdn Bhd v. Pembenaan Keng Ting (Sabah) Sdn Bhd, [1994] 2 MLJ 97 to be:
Held 1(a) - A judge in chambers who hears an appeal from a discretionary order of the Registrar, exercises his own discretion as if the matter comes before him for the first time, unfettered by the previous exercise of the Registrar's decision. The Judge will give the Registrar's decision whatever weight it deserves.
[2] This is the second time that the bankrupts had applied for a discharge, the first having been dismissed by me on 21 February 1998 and in which judgment I directed the Official Assignee to make further investigation and to give a further report. That report has been given but the Official Assignee in the report stated that they are powerless to investigate the wives of the bankrupts. The law in this regard is s 31 of the Act, viz:
Section 31 Discovery of debtor's property
(1) The court may, on the application of the O
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