JUDGMENT

Introduction

[1] This appeal concerns the law on annulment of bankruptcy under s 105(1) of the Bankruptcy Act 1967 ("the BA 1967").

Background Facts

[2] The appellant ("the Bank") obtained a summary judgment against the respondent ("the debtor") on 8 July 2004. Thereafter the Bank commenced bankruptcy proceedings against the debtor. The bankruptcy proceedings were resisted by the debtor wherein he filed:

(i) an application to set aside the Bankruptcy Notice on 29 November 2010; and

(ii) Notice of Intention to oppose the Creditors Petition on 20 June 2012.

[3] The High Court dismissed his application to set aside the Bankruptcy Notice. The decision of the High Court was affirmed by the Court of Appeal. The debtors attempt to oppose the Creditors Petition also suffered the same fate. His Notice of Intention to Oppose the Creditors Petition was dismissed by the High Court and was upheld by the Court of Appeal.