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2017 Federal Court Principles
2017 Federal Court Principles
(a) Whether the act of bankruptcy is committed when the judgment debtors application to set
aside the bankruptcy notice is dismissed by the Registrar, notwithstanding that his appeal to
the Judge in Chamber is yet to be heard? - YES
(b) Whether the judgment debtors appeal to the Judge in Chambers against the decision of the
Registrar dismissing his application to set aside the bankruptcy notice has the effect of
suspending or postponing the act of bankruptcy? -NO
(c) Whether the judgment creditor is entitled to present the creditors petition after the
judgment debtors application to set aside the bankruptcy notice has been dismissed by the
Registrar but before his appeal to the Judge in Chambers is disposed of? – YES
If a Summons and Statement of Claim or any other cause papers is served by way of AR
Registered Post, then it is incumbent that the AR registered acknowledgement card duly
signed by the Recipient Defendant is produced in the Affidavit of Service.