Feedback

Part XX: Bankruptcy and Winding Up Matters

143. Bankruptcy applications

The following arrangements will apply to hearings of bankruptcy matters:

(1) Bankruptcy matters are divided into 2 parts, namely,

(2) Ex parte applications for substituted service in bankruptcy proceedings will be dealt with by the Duty Registrar.

144. Applications to set aside statutory demands made under the Bankruptcy Rules

(1) Rule 97 of the Bankruptcy Rules allows debtors to apply to set aside statutory demands within 14 days from the date of service; or, where the demand was served outside jurisdiction, within 21 days.

(2) Without prejudice to Rule 98 of the Bankruptcy Rules, on an application to set aside a statutory demand based on a judgment or an order, the Court will not go behind the judgment or order and inquire into the validity of the debt.

(3) When the debtor:

145. Judicial Management and Winding Up applications under the Companies Act

After a winding up application has been filed, the applicant or his solicitor should file the necessary documents using the checklist provided in the Electronic Filing Service. Once the necessary documents under the checklist have been filed, the applicant or his solicitor should generate and file the winding up memorandum before attending before the Duty Registrar in compliance with Rule 32 of the Companies (Winding Up) Rules. This requirement shall similarly apply to judicial management applications under the Companies Act.

146. Documents for use in open Court trials of contested winding-up applications

(1) This paragraph shall apply to trials of contested winding-up applications in open Court.

(2) To improve the conduct of contested winding-up applications and to reduce the time taken in the presentation of cases in Court, the following documents shall be prepared by the respective solicitors of the parties:

Bundles of documents

(3) For bundles of documents:

Bundles of authorities

(4) The requirements set out in paragraph 71(12) to (13) shall, mutatis mutandis, be complied with in respect of proceedings falling within this paragraph.

Opening statements

(5) The requirements set out in paragraph 71(14) shall, mutatis mutandis, be complied with.

Timeline for tendering documents

(6) Paragraph 60(8) to (10) shall apply, mutatis mutandis, to proceedings to which this paragraph applies.