Lek Kee Meng Voluntary Arrangement: Interim Order Application 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 arrangement. The Senior Assistant Registrar ordered the appellant to serve the application on creditors, who were given 14 days to reply. The appellant appealed, arguing that only creditors who filed a bankruptcy petition and the nominee had a right to be heard. Choo Han Teck JC dismissed the appeal, holding that the court has discretion to hear all relevant parties, including creditors, 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 |
|---|---|---|---|---|---|
| Lek Kee Meng | Applicant, Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kirpal Singh | - |
4. Facts
- The appellant applied for an interim order under s 45 of the Bankruptcy Act.
- The senior assistant registrar ordered the appellant to serve the application on the creditors.
- The appellant appealed against that order.
- The appellant argued that only a creditor who has filed a bankruptcy petition has a right to be heard.
5. Formal Citations
- In the matter of Part V of the Bankruptcy Act 1995 (Cap 20) v In the matter of an application for an Interim Order v in the matter of a Voluntary Arrangement by Lek Kee Meng, OS No 600076 of 2001, [2001] SGHC 187
6. Timeline
| Date | Event |
|---|---|
| Application heard by the senior assistant registrar | |
| Appeal dismissed |
7. Legal Issues
- Right to be Heard
- Outcome: The court held that r 72 of the Bankruptcy Rules should not be interpreted as placing a restriction as to who may be heard.
- Category: Procedural
- Sub-Issues:
- locus standi
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
- Voluntary arrangement
- Creditors
- Locus standi
- Bankruptcy petition
15.2 Keywords
- Bankruptcy
- Interim Order
- Creditors
- Singapore
- Voluntary Arrangement
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Bankruptcy | 90 |
| Interim Order | 85 |
| Voluntary Arrangement | 75 |
| Administrative Law | 30 |
16. Subjects
- Bankruptcy
- Civil Procedure