JUDGMENT

Nallini Pathmanathan FCJ:

[1] The core issue in this appeal is whether the withdrawal of the Creditor's Petition will terminate all bankruptcy proceedings including the bankruptcy notice. This is reflected in the questions of law put forward for our consideration.

Salient Facts

[2] The chronology of events discloses the following salient facts:

(i) The bankruptcy notice was issued on 17 December 2018;

(ii) Without any application to set aside the bankruptcy notice, the act of bankruptcy would have occurred on 25 December 2018;

(iii) However, prior to 25 December 2018, the judgment debtor filed an application to set aside the bankruptcy notice under r 93 of the Insolvency Rules 2017;

(iv) The Registrar ruled that the application to set aside in encl 6 was inadequate in that there was no affidavit in support and did not deal with it. Instead, the Registrar held that an act of bankruptcy occurred on 25 December 2018, as if no application to set aside was before the Court;