Singapore legislation

Regulation 59

of Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020

Regulation 59

Appeal against chairperson’s decision on entitlement to vote at creditors’ meeting

Subregulation 1

This rule applies where an appeal is made to the Court against a decision of the chairperson of a creditors’ meeting under regulation 13(4) or 14(2) of the Voluntary Arrangements Regulations.

Subregulation 2

If on an appeal the chairperson’s decision is reversed or varied by the Court, or a creditor’s vote is declared invalid, the Court may —

(a)

order another creditors’ meeting to be summoned; and

(b)

make such other order as the Court thinks just.

Subregulation 3

The Court is not to make any order mentioned in paragraph (2)(a) or (b) unless the Court considers that the matter is such as to give rise to unfair prejudice or a material irregularity.

Subregulation 4

An appeal to the Court against a decision under regulation 13(4) or 14(2) of the Voluntary Arrangements Regulations must not be made after the end of the period of 28 days beginning on the day on which the nominee’s report is made to the Court under section 283 of the Act.

Subregulation 5

The chairperson is not personally liable for any costs incurred by any person in respect of an appeal against the chairperson’s decision under regulation 13(4) or 14(2) of the Voluntary Arrangements Regulations.