S Nantha Balan JCA:

Introduction

[1] The appeal before us arises out of bankruptcy proceedings which were taken against Mr Liew Hon Kong (the judgment debtor - "the JD"). The JD had applied to the Senior Assistant Registrar ("the SAR") of the Insolvency Court to set aside the Creditor's Petition ("the CP") which had been filed by the respondent (judgment creditor - "the JC"). The SAR dismissed the JD's application. The JD filed a Notice of Appeal to the judge in Chambers dated 29 March 2019 (encl 73) against the SAR's decision. On 22 July 2019, the Learned Judge of the High Court ("the judge") dismissed the JD's appeal. This is the JD's appeal against the judge's said decision dismissing the appeal and refusing to set aside the CP. On 25 May 2021 we dismissed the JD's appeal. This Judgment explains why we dismissed the JD's appeal.

Bankruptcy Notice

[2] In this case, the Bankruptcy Notice ("the BN") was issued against the JD on 20 September 2017. At that time, bankruptcy proceedings were governed by the Bankruptcy Act 1967 ("the BA 1967") and the Bankruptcy Rules 1969. Under the BA 1967, a CP could be filed against a non-social guarantor without leave of the Insolvency Court. I