Singapore legislation
Regulation 57
of Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020
Regulation 57
Substitution of any person as applicant for judicial management order
Subregulation 1
Where the applicant of an application for a judicial management order (called in this paragraph the original applicant) is not entitled to make an application for a judicial management order or, whether so entitled or not —
fails to take all the steps prescribed by these Rules preliminary to the hearing of the application;
consents to withdraw the application or to allow the application to be dismissed or the hearing of the application to be adjourned; (c)fails to appear in support of the application when the application is called on in Court on the day originally fixed for the hearing of the application or on any day to which the hearing has been adjourned; or
appears in Court in support of the application but does not apply for an order in terms of the relief sought in the application,the Court may, upon any terms as it thinks just, substitute any other person (called in this paragraph and paragraph (2) the substitute applicant) who, in the opinion of the Court, satisfies the requirements in paragraph (2), as applicant in place of the original applicant.
Subregulation 2
The requirements for the purposes of paragraph (1) are that the substitute applicant —
would have a right to make the application for a judicial management order; and (b)is desirous of proceeding with the application.
Subregulation 3
An order to substitute an applicant of an application for a judicial management order may be made by the Court at any time before the date fixed for the hearing of the application if the applicant —
fails to publish the notice of the applicant’s application within the time prescribed by or under these Rules or within such time as the Court may extend; or
consents to withdraw the applicant’s application.