JUDGMENT

Abdul Malik Ishak J:

Introduction

This was an appeal by Asia Commercial Finance (M) Berhad - the judgment creditor, against the decision of the senior assistant registrar ('SAR') dated 8 August 1998 wherein the SAR ordered that the bankruptcy proceedings against Lai Hee Sang - the judgment debtor, be stayed until 31 December 1998. The judgment creditor's appeal to the judge in chambers dated 10 August 1998 can be seen in encl. 52.

Facts

It would be germane, in order to garner and obtain a perspective of the appeal in encl. 52, to highlight certain salient facts. For this exercise, reference to an affidavit in reply affirmed by Gan Chee Poh - the manager of the judgment creditor's branch office in Johor Bahru, should be made. Gan Chee Poh's affidavit in reply was affirmed on 24 February 1997 as reflected in encl. 41. The judgment debtor too affirmed an affidavit on 3 December 1997 as seen in encl. 39A which was in support of his application for a stay of proceedings as seen in encl. 39.

The judgment debtor was declared a bankrupt by the Johor Bahru High Court on 5 December 1996 when the receiving and adjudication orders were issued against him for his failure to comply wi