Haidar Mohd Noor J:

In this bankruptcy proceedings a bankruptcy notice dated 1 March 1993 was issued against Khoo Chee Tong by Unik (M) Sdn. Bhd. for a default judgment obtained on 27 February 1992 against him for a sum of RM28,000 and costs of RM909 and interests of RM2,589.84 calculated up to 1 March 1993 in the Sessions Court at Johor Bahru vide summons no. 52-5-1992-2 (see encl. 3) The learned Counsel for Khoo Chee Tong conceded that the judgment was a regular judgment.

As Khoo Chee Tong failed to comply with the notice of bankruptcy, Unik (M) Sdn. Bhd. filed a creditors petition on 5 October 1993 (encl. 21). Subsequently Khoo Chee Tong filed a notice of motion on 21 December 1993 praying for the setting aside of the bankruptcy notice and all other subsequent proceedings on the grounds set out in his affidavit in support thereof (encl. 27).

On 22 December 1994 encls. 21 and 27 were heard by the learned Deputy Registrar. He dismissed the notice of motion with costs and accordingly made a receiving order and adjudication order against Khoo Chee Tong ('debtor'). The debtor appealed against the said orders of the learned Deputy Registrar (encl. 40).

The issue here is whet