The High Court on Thursday dismissed an application by Ho Poh San, the plaintiff and judgement debtor, seeking to overturn the decision of the Deputy Official Receiver (the Trustee) to refuse an extension of time to commence legal proceedings against Sivli Sdn Bhd, the defendant and judgement creditor.
The case, heard by Judicial Commissioner (JC) Edward Timothy Starbuck Woolley, stemmed from an adjudication order made against Ho Poh San on April 23, 2020. Despite being granted leave by the Trustee in March 2021 to pursue legal action against Sivli regarding an alleged breach of a building contract, Ho Poh San failed to initiate proceedings within the specified time frame.
In his judgement, JC Woolley noted the lack of progress in commencing the intended proceedings despite ample time available to Ho Poh San. JC Woolley expressed skepticism towards the plaintiff’s explanation for the delay, ultimately concluding that there were no valid reasons to grant any further extension of time.
JC Woolley addressed procedural errors in the originating summons, highlighting that it was improperly brought against the judgement creditor without seeking the necessary leave from the trustee.
Additionally, JC Woolley emphasised that challenges to decisions made by the trustee in a bankruptcy context are not subject to judicial review under Section 84C of the Constitution of Brunei Darussalam.
Consequently, JC Woolley deemed the application misconceived and rejected it, affirming the decision of the Deputy Official Receiver and ordering costs to be paid by the plaintiff to the defendant.
Ho Poh San stood in person while AJ Wong of Messrs CCW Partnership represented Sivli. – Fadley Faisal
