Lek Kee Meng: Application for Interim Order under Bankruptcy Act
Lek Kee Meng applied for an interim order under section 45 of the Bankruptcy Act to appoint a nominee for a private debt settlement. The Senior Assistant Registrar ordered the applicant to serve the application on creditors, who were given 14 days to reply. Lek Kee Meng appealed this order, arguing that only creditors who have filed a bankruptcy petition have a right to be heard. The High Court dismissed the appeal, holding that the court is entitled to hear from any interested party to properly exercise its discretion.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Bankruptcy
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding an interim order application under the Bankruptcy Act. The court dismissed the appeal, allowing creditors to be heard in the application.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Malayan Banking Berhad | Respondent | Corporation | Neutral | Neutral | |
| Fraser Securities Pte Ltd | Respondent | Corporation | Neutral | Neutral | |
| Lek Kee Meng | Appellant, Applicant | Individual | Appeal Dismissed | Lost | |
| Newton Advertising | Respondent | Corporation | Neutral | Neutral | |
| UOB Kay Hian | Respondent | Corporation | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- Lek Kee Meng applied for an interim order under s 45 of the Bankruptcy Act.
- The application was to appoint a nominee to settle his debts.
- The Senior Assistant Registrar ordered the applicant to serve the application on creditors.
- The creditors were given 14 days to reply to the affidavit.
- The appellant appealed, arguing creditors had no locus standi under r 72 of the Bankruptcy Rules.
- The court dismissed the appeal, stating that it should consider all relevant matters, including creditors' views.
5. Formal Citations
- Lek Kee Meng, OS No 600043 of 2001, [2001] SGHC 181
6. Timeline
| Date | Event |
|---|---|
| Application went before the senior assistant registrar | |
| Appeal dismissed |
7. Legal Issues
- Locus Standi of Creditors in Interim Order Application
- Outcome: The court held that it is entitled to hear from any interested party to properly exercise its discretion in an interim order application.
- Category: Procedural
8. Remedies Sought
- Interim Order
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Insolvency
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| Bankruptcy Rules r 72 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Bankruptcy Act 1995 | Singapore |
| Bankruptcy Act s 45 | Singapore |
| Bankruptcy Act s 47 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Interim Order
- Bankruptcy Act
- Locus Standi
- Creditors
- Voluntary Arrangement
15.2 Keywords
- Bankruptcy
- Interim Order
- Creditors
- Singapore
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Bankruptcy | 90 |
| Voluntary Arrangement | 70 |
| Interim Order | 60 |
| Administrative Law | 30 |
16. Subjects
- Bankruptcy
- Civil Procedure