Hadian v Ramachandran: Review of Bankrupt's Monthly & Target Contribution
In Mirmohammadali Hadian v Ambika d/o Ramachandran, the High Court of Singapore considered an application by Mirmohammadali Hadian, a creditor, to review the Official Assignee's determination of Ambika d/o Ramachandran's monthly contribution (MC) and target contribution (TC) under the Insolvency, Restructuring and Dissolution Act 2018. The court found that the applicant had not shown sufficient reasons to vary the determination but directed the Official Assignee to conduct a new determination if investigations reveal the bankrupt failed to disclose all income or information affecting factors listed in s 339(2) of the IRDA. No order was made as to the application or costs.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
No order made as to the application; Official Assignee directed to conduct a new determination if certain conditions are met.
1.3 Case Type
Insolvency
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court reviewed the Official Assignee's determination of a bankrupt's monthly and target contributions, addressing the factors to be considered.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Official Assignee | Non-party | Government Agency | Determination to be reviewed if conditions met | Neutral | Christopher Eng Chee Yang of Insolvency & Public Trustee’s Office Angela Lee of Insolvency & Public Trustee’s Office |
| Mirmohammadali Hadian | Claimant, Applicant | Individual | Application not ordered | Neutral | |
| Ambika d/o Ramachandran | Defendant, Bankrupt | Individual | Determination to be reviewed if conditions met | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher Eng Chee Yang | Insolvency & Public Trustee’s Office |
| Angela Lee | Insolvency & Public Trustee’s Office |
| Ang Leong Hao | Rajah & Tann Singapore LLP |
| Leong Kah Wah | Rajah & Tann Singapore LLP |
| Sia Bao Hui | Rajah & Tann Singapore LLP |
4. Facts
- The applicant is a creditor of the Bankrupt, with a debt of S$206,337.78.
- The Official Assignee determined the Bankrupt's monthly contribution to be S$100 and target contribution to be S$5,200.
- The applicant filed an application to review the Official Assignee's determination.
- The applicant argued that the Official Assignee did not properly consider the relevant factors under s 339(2) of the IRDA.
- The applicant argued that the Bankrupt failed to disclose information to the Official Assignee.
- The Official Assignee was willing to review the determination if the Bankrupt failed to declare all her assets.
5. Formal Citations
- Mirmohammadali Hadian v Ambika d/o Ramachandran, Bankruptcy No 2829 of 2022 (Summons No 531 of 2023), [2023] SGHC 116
6. Timeline
| Date | Event |
|---|---|
| Applicant applied for a bankruptcy order against the Bankrupt. | |
| Bankruptcy order was granted. | |
| Official Assignee determined the monthly contribution and target contribution of the Bankrupt. | |
| Applicant received Notice of Determination. | |
| Applicant filed SUM 531 to review the Determination. | |
| Official Assignee filed Explanation of Basis of Determination of MC and TC. | |
| Hearing took place. | |
| Judgment issued. |
7. Legal Issues
- Review of Monthly Contribution and Target Contribution
- Outcome: The court found that the applicant had not shown good reasons why the Determination should be varied, but directed the Official Assignee to conduct a new determination if certain conditions are met.
- Category: Substantive
- Sub-Issues:
- Failure to properly consider relevant factors
- Failure to disclose information
- Service of Notice of Determination
- Outcome: The court held that the effective date of service of the Notice of Determination is the date on which it was delivered.
- Category: Procedural
8. Remedies Sought
- Review of the Official Assignee's determination of monthly contribution and target contribution
9. Cause of Actions
- Review of Official Assignee's Determination
10. Practice Areas
- Bankruptcy
- Insolvency
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Zhang Hong En Jonathan v Private Trustee in Bankruptcy of Zhang Hong’En Jonathan | High Court | Yes | [2021] 4 SLR 139 | Singapore | Cited for the 'perversity standard' in reviewing decisions of a trustee in bankruptcy. |
| Haotanto Anna Vanessa v Fang Ching Wen Ted | High Court | Yes | [2022] SGHC 216 | Singapore | Cited for applying the 'perversity standard' to reviews under s 340 of the IRDA. |
| Chia Kim Huay (litigation representative of the estate of Chua Chye Hee, deceased) v Saw Shu Mawa Min Min and another | High Court | Yes | [2012] 4 SLR 1096 | Singapore | Cited for the interpretation of s 2(5) of the Interpretation Act regarding service of documents by post. |
| Qingjian International (South Pacific) Group Development Co Pte Ltd v Capstone Engineering Pte Ltd | High Court | Yes | [2014] SGHCR 5 | Singapore | Cited for the application of s 2(5) of the Interpretation Act regarding service of documents by post. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 340(1) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 341(1) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 339(2) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 429(1)(d) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| Interpretation Act 1965 | Singapore |
| s 2(5) of the Interpretation Act 1965 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Monthly contribution
- Target contribution
- Official Assignee
- Bankruptcy
- Insolvency, Restructuring and Dissolution Act 2018
- Determination
- Perversity standard
- Statement of Affairs
15.2 Keywords
- Bankruptcy
- Insolvency
- Monthly Contribution
- Target Contribution
- Official Assignee
- Review
- Determination
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Bankruptcy | 95 |
| Insolvency Law | 90 |
| Civil Procedure | 40 |
16. Subjects
- Bankruptcy
- Insolvency
- Civil Procedure