Ajaib Singh SCJ:

This was an appeal by Mr. Chinn Swee Onn a senior member of the Bar practising in Ipoh. He had applied to the High Court at Ipoh to set aside a bankruptcy notice dated 16 March 1987. The bankruptcy notice was based on a judgment obtained by the respondents - Puchong Realty Sdn. Bhd. against the appellant by default of appearance in the sum of RM82,392.50. With accumulated interest thereon and cost this sum had increased to RM136,114.29 when the bankruptcy notice was issued.

The appellant's application to set aside the bankruptcy notice came up for hearing before the learned Judge on 14 June 1988. After hearing submissions from Counsel for the parties the learned Judge deferred his decision for a few days and on 21 June 1988 he dismissed the appellant's applications to set aside the bankruptcy notice. Meanwhile the appellant had also been served with a bankruptcy petition dated 6 August 1987. After dismissing the appellant's application on 21 June 1988 the learned Judge made receiving and adjudication orders against the appellant pursuant to the bankruptcy petition.

In his affidavit in support of his application to set aside the bankruptcy notice Mr. Chinn