MIRMOHAMMADALI HADIAN v AMBIKA D/O RAMACHANDRAN

[2023] SGHC 116 High Court (General Division) 2 May 2023 HC/B 2829/2022 ( HC/SUM 531/2023 )

4 cases cited Cited by 1 case

Key facts

Court	High Court (General Division)
Decided	2 May 2023
Judge	Goh Yihan
Charges / claim	Insolvency Law
Counsel	Insolvency & Public Trustee's Office, Rajah & Tann Singapore LLP, Ang Leong Hao, Angela Lee, Christopher Eng Chee Yang, Leong Kah Wah, Sia Bao Hui

Source: [2023] SGHC 116, High Court (General Division), decided 2 May 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Insolvency Law — Bankruptcy — Bankrupt’s duties and liabilities — Power of court to vary monthly contribution and target contribution — Section 341(1) Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed) Insolvency Law — Bankruptcy — Bankrupt’s duties and liabilities — Review by court of determination of monthly contribution and target contribution — Section 340(1) Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed)

Practice Areas

Insolvency Law

Judges (1)

Goh Yihan Delivered

Counsel (7)

Insolvency & Public Trustee's Office Firm Rajah & Tann Singapore LLP Firm Ang Leong Hao Counsel for the applicant

Angela Lee Counsel for the non-party

Christopher Eng Chee Yang Counsel for the non-party

Leong Kah Wah Counsel for the applicant

Sia Bao Hui Counsel for the applicant

Parties (3)

Official Assignee Non-Party

Ambika d/o Ramachandran Defendant

Mirmohammadali Hadian Claimant

Case Significance

Mirmohammadali Hadian v Ambika d/o Ramachandran (Official Assignee, non-party) [2023] SGHC 116 is a grounds of decision of Goh Yihan JC in the General Division of the High Court, delivered on 2 May 2023 in Bankruptcy No 2829 of 2022 (Summons No 531 of 2023). The applicant, Mr Mirmohammadali Hadian, a creditor of the bankrupt Ambika d/o Ramachandran, applied by SUM 531 for the court to review a determination by the Official Assignee that set the bankrupt's monthly contribution at $100 and her target contribution at $5,200 over 52 months. The catchwords engage the court's powers to review and to vary a determination of monthly and target contribution under ss 340(1) and 341(1) of the Insolvency, Restructuring and Dissolution Act 2018.

Summary

Mirmohammadali Hadian, a creditor of bankrupt Ambika d/o Ramachandran, applied under s 340(1) of the Insolvency, Restructuring and Dissolution Act 2018 for the court to review the Official Assignee's determination setting the bankrupt's monthly contribution at $100 and target contribution at $5,200 over 52 months. The issue was whether sufficient reasons were shown to review it. Goh Yihan JC made no order on the application, but directed under s 340(5)(b) that the Official Assignee conduct a fresh determination if investigations revealed undeclared income affecting the s 339(2) factors.

What did the applicant seek in Mirmohammadali Hadian v Ambika d/o Ramachandran [2023] SGHC 116?

The creditor Mr Mirmohammadali Hadian applied by Summons No 531 of 2023 for Goh Yihan JC to review the Official Assignee's determination setting the bankrupt Ambika d/o Ramachandran's monthly contribution at $100 and target contribution at $5,200 over 52 months.

Which statutory powers were engaged in [2023] SGHC 116?

The application engaged the court's powers under ss 340(1) and 341(1) of the Insolvency, Restructuring and Dissolution Act 2018 to review, and to vary, the Official Assignee's determination of a bankrupt's monthly contribution and target contribution.