Re Chen Chong Fatt Willy

• Jurisdiction: Singapore
• Judgment Date: 13 August 1986
• Date: 13 August 1986
• Docket Number: Bankruptcy No 2485 of 1985
• Court: High Court (Singapore)

Re Chen Chong Fatt Willy

[1986] SGHC 27

A P Rajah J

Bankruptcy No 2485 of 1985

High Court

Insolvency Law–Bankruptcy–Petition–Objection to petition–Petition founded on two separate judgments–Leave to amend bankruptcy notice refused

The petitioner filed a bankruptcy petition against the debtor as the debtor had failed to comply with the requirements of a bankruptcy notice for the payment of $26,649.16 due on two judgments obtained by the petitioner against the debtor. The Official Assignee objected to the petition on the ground that the bankruptcy notice was bad if founded on two separate judgments. The petitioner argued that although there were two separate judgments obtained in one suit, both were really one final judgment, arising out of a breach of an agreement against the debtor.

Held, dismissing the petitioner's application:

A bankruptcy petition could not be founded on two separate judgments even though it might have been obtained in the same suit. In this case there were two judgments although they were in the same suit, one a consent judgment and the other a contested judgment. Execution on these two judgments would have to be levied separately: at [5] and [6].

Bankruptcy Notice, Re A (1907) 14 Mans 133;96 LT 133 (folld)

OCS (A Debtor), Re [1904] 2 KB 161 (folld)

Rules of the Supreme Court 1970, TheO 14, O 45r 1 (a),O 46r 4

Ong Kian Wei (William W N Lai & Co) for the petitioner

Emily Wilfred (Assistant Official Assignee) for the Official Assignee.

A P Rajah J

1 This matter arises out of a bankruptcy petition dated 3 February 1986 and filed on the same day by the creditor company against Chen Chong Fatt Willy (“the debtor”) on the ground that the debtor had failed to comply with the requirements of a bankruptcy notice issued against him on 23 October 1985 and served on him on 1 November 1985 and had thereby committed an act of bankruptcy on 9 November 1985. The bankruptcy notice had required the debtor to pay the creditor company the sum of $26,649.16 being the total amount due on two judgments obtained by them against the debtor in the High Court of Singapore on 24 June 1985 and on 8 July 1985 in Suit No 7935 of 1984.

2 An objection to the petition was taken by the Official Assignee on the ground that a bankruptcy notice is bad if founded upon two separate judgments as, indeed, was the case here and that therefore the petition must fail. Counsel for the creditor company argued that although they were two...