Kotjo Johanes Budisutrisno v International Factors Leasing: Bankruptcy Petition Amendment & Jurisdiction
Kotjo Johanes Budisutrisno appealed against the decision to grant International Factors Leasing Pte Ltd leave to amend a bankruptcy petition. The High Court dismissed the appeal, finding that the amendment was permissible under the Bankruptcy Act and Rules, and did not cause injustice to the debtor. The court held that the time frame in Rule 102(2) of the Bankruptcy Rules did not apply to applications to amend a petition to cover the requirements of Section 60 of the Bankruptcy Act.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Bankruptcy
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding amendment of a bankruptcy petition. The court held that the amendment was permissible and did not cause injustice to the debtor.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kotjo Johanes Budisutrisno | Debtor, Appellant | Individual | Appeal Dismissed | Lost | Intekhab Khan |
| International Factors Leasing Pte Ltd | Petitioning Creditor, Respondent | Corporation | Leave to Amend Petition Granted | Won | Sean Lim |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Intekhab Khan | M and A Law Corporation |
| Sean Lim | Hin Tat Augustine and Partners |
4. Facts
- International Factors Leasing Pte Ltd filed a bankruptcy petition against Kotjo Johanes Budisutrisno on 9 October 2003.
- Kotjo applied to set aside the petition, arguing he was not ordinarily resident or domiciled in Singapore.
- The petitioning creditors applied to amend the petition to include additional grounds for jurisdiction.
- The assistant registrar granted leave to amend the petition.
- Kotjo appealed against the order granting leave to amend.
5. Formal Citations
- Re Kotjo Johanes Budisutrisno, ex parte International Factors Leasing Pte Ltd, Bankruptcy 4138/2003, RA 35/2004, [2004] SGHC 133
6. Timeline
| Date | Event |
|---|---|
| Bankruptcy petition filed | |
| Application filed to set aside the petition | |
| Petitioning creditors applied to amend petition | |
| Kotjo filed an affidavit in reply | |
| Assistant registrar granted leave to amend the petition | |
| Appeal dismissed with costs fixed at $700 | |
| Kotjo appealed against decision | |
| Kotjo’s application to set aside the petition was adjourned | |
| Decision Date |
7. Legal Issues
- Jurisdiction
- Outcome: The court held that it had jurisdiction to grant leave to amend the petition.
- Category: Jurisdictional
- Sub-Issues:
- Domicile
- Ordinary Residence
- Property Ownership
- Carrying on Business in Singapore
- Amendment of Bankruptcy Petition
- Outcome: The court held that the amendment was permissible and did not cause injustice to the debtor.
- Category: Procedural
- Sub-Issues:
- Adding new facts and grounds after expiry of prescribed time
- Compliance with Rule 104 of the Bankruptcy Rules
8. Remedies Sought
- Setting aside of bankruptcy petition
- Leave to amend bankruptcy petition
9. Cause of Actions
- Bankruptcy Petition
10. Practice Areas
- Bankruptcy
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ABC Co v XYZ Co Ltd | High Court | Yes | [2003] 3 SLR 546 | Singapore | Cited regarding the principle that leave should not be given to amend a writ or statement of claim to add a new cause of action which is time-barred. |
| Medical Equipment Credit Pte Ltd v Sim Kiok Lan Alice | Court of Appeal | Yes | [1999] 1 SLR 70 | Singapore | Distinguished as the defects concerned non-compliance with section 61 of the Bankruptcy Act, not section 60. |
| Re Wong Kin Heng, ex parte Imperial Steel Drum Manufacturers Sdn Bhd | High Court | Yes | [1998] SGHC 237 | Singapore | Cited to illustrate that the court should allow an amendment of the petition rather than dismissing it. |
| In re Small; Westminster Bank v Trustee | Chancery Division | Yes | [1934] Ch 541 | England and Wales | Cited for the principle that the court will not permit any amendment unless it is satisfied that by so doing no injustice is done to other parties. |
13. Applicable Rules
| Rule Name |
|---|
| Bankruptcy Rules (Cap 20, R 1, 2002 Rev Ed), r 102(2) |
| Bankruptcy Rules (Cap 20, R 1, 2002 Rev Ed), r 104 |
| Bankruptcy Rules, r 278 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Bankruptcy Act (Cap 20, 2000 Rev Ed), s 60 | Singapore |
| Bankruptcy Act (Cap 20, 2000 Rev Ed), s 13 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Bankruptcy petition
- Amendment of petition
- Jurisdiction
- Ordinary residence
- Domicile
- Statutory demand
- Bankruptcy Rules
- Bankruptcy Act
15.2 Keywords
- Bankruptcy
- Amendment
- Jurisdiction
- Singapore
16. Subjects
- Bankruptcy
- Civil Procedure
- Jurisdiction
17. Areas of Law
- Insolvency Law
- Bankruptcy Law
- Civil Procedure