(delivering the judgment of the court): This is an appeal against the judgment of Mr Commissioner Wong dated 4 April 1990. We propose adopting a similar approach to that adopted by the Commissioner of dealing with the two cases together as the issues arising out of them are almost in all respects identical and the parties agreed to this course. It seems to us that the most substantial ground of appeal is the complaint that the indorsement on the bankruptcy notice was defective. This is ground four of the appeal and reads as follows:

That in considering r 45(3) of the Bankruptcy Rules (which provides that in the case of bankruptcy notices served in Brunei the indorsement shall specify a period of three (3) days for filing an affidavit) the learned judge wrongly decided that seven (7) days was the correct period (that being the period specified under s 3(1)(g) for determining the questions raised in the affidavit) and that having so decided the learned judge thus failed to address the question of whether a notice incorrectly indorsed was capable of misleading the judgment debtor or whether or not it was in the prescribed form.

It is evident from the indorsement on