Supreme Court Practice Directions 2021

Part 19: Bankruptcy and Winding Up Matters

159. Bankruptcy applications

The following arrangements will apply to hearings of bankruptcy matters:

(1) Bankruptcy matters are divided into 2 parts, namely,

(2) Without notice applications for substituted service in bankruptcy proceedings will be dealt with by the Duty Registrar.

160. Applications to set aside statutory demands made under the Bankruptcy Rules or the Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020

(1) Rule 97 of the Bankruptcy Rules and Rule 67 of the Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020 allow a debtor to apply to set aside a statutory demand within such of the following periods, after the date on which the statutory demand is served or deemed to be served on the debtor, as may be applicable:

(2) Without limiting Rule 98 of the Bankruptcy Rules or Rule 68 of the Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020, on an application to set aside a statutory demand based on a judgment or an order, the Court will not go behind the judgment or order and inquire into the validity of the debt.

(3) When the debtor:

the Court will normally set aside the statutory demand if, in its opinion, on the evidence there is a genuine triable issue.

161. Judicial management and winding up applications under the Companies Act or the Insolvency, Restructuring and Dissolution Act 2018

After a winding up application has been filed, the applicant or his or her solicitor should file the necessary documents using the checklist provided in the Electronic Filing Service. Once the necessary documents under the checklist have been filed, the applicant or his or her solicitor should generate and file the winding up memorandum before attending before the Duty Registrar in compliance with Rule 32 of the Companies (Winding Up) Rules or Rule 73 of the Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020. This requirement will similarly apply to judicial management applications under the Companies Act or the Insolvency, Restructuring and Dissolution Act 2018.

162. Documents for use in open court trials of contested winding-up applications

(1) This paragraph applies to trials of contested winding-up applications in open court.

(2) To facilitate the conduct of contested winding-up applications and to reduce the time taken in the presentation of cases in Court, the following documents must be filed by the respective solicitors of the parties:

Bundles of documents

(3) For bundles of documents:

Bundles of authorities

(4) The requirements set out in paragraph 101(5) to (11) of these Practice Directions must, with the necessary modifications, be complied with in respect of proceedings falling within this paragraph.

Opening statements

(5) The requirements set out in paragraph 102(14) of these Practice Directions must, with the necessary modifications, be complied with in respect of proceedings falling within this paragraph.

Timeline for tendering documents

(6) Paragraph 102(2) to (4) of these Practice Directions apply, with the necessary modifications, to proceedings to which this paragraph applies.

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