Suriyadi Halim Omar J:

This case has a chequered history of the applicant bankrupt doing everything legally possible to clear his name from the ever growing list of bankrupts. The matter began with the Senior Assistant Registrar granting the receiving and adjudication orders on 8 June 1999, followed by a rejection of the appeal before me on 1 January 2000 to set aside those orders. Being persistent, and pursuing a different line of action, the applicant bankrupt filed encl. 28, which is the current application to stay the execution of the receiving and adjudication orders, pending the disposal of the appeal against my 1 January 2000 decision, before the Court of Appeal. Herewith is my decision. To appreciate my grounds and reasoning, it is necessary for me to lay down first in brief the procedural and substantive law pertaining to bankruptcy matters.

After an act of bankruptcy has occurred, a creditor may file a creditor's petition subject to the prerequisites of the Bankruptcy Act 1967 . Among the conditions to be satisfied are that, a creditor shall not be entitled to present a bankruptcy petition against a debtor unless the aggregate debt is not less than RM10,000, the debt b

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