Muhammad Kamil Awang J:

The creditor obtained judgment against Ting Nguk Yong (the debtor) in a sum of RM1.5 million together with interest and costs. Based on this judgment, an order of adjudication and receiving order were made against the debtor on 20 January 1996. In 1997 one Mr. Paul Chin Sing, a third party had approached and entered into negotiation with the creditor, whereby they agreed that the third party would pay the creditor a sum of RM500,000 towards the debtor's debt in full settlement of the debt. The payment was made in five monthly instalments of RM100,000 each. On 15 January 1998 the creditor had informed the third party that it had received the RM500,000 as a full settlement of the debt. The debtor then filed a notice of motion under s. 105 of the Bankruptcy Act 1967 for the annulment of the adjudication.

The official assignee opposed this application on the grounds that the debtor had not settled the debt in full, and that no payment had been made to the official assignee. He further contended that the application under s. 105 was misconceived, it should have been an application made under s. 18 of the Bankruptcy Act.

The jurisdiction to annul is disc