Division 1 — Jurisdiction
General Division of High Court to be court that has jurisdiction in corporate and individual insolvency, etc.
Open ↗3. Subject to any other written law, the General Division of the High Court is the court that has jurisdiction in corporate insolvency and winding up, individual insolvency and bankruptcy, and related matters under this Act.[40/2019]
Exercise of jurisdiction in chambers
Open ↗4. Subject to this Act and the Rules, any judge of the Court may exercise in chambers the whole or any part of the Court’s jurisdiction under this Act.
Jurisdiction of Registrar under this Act
Open ↗5. Subject to the Rules —(a)
the Registrar has all the powers and jurisdiction of the Court; and
(b)
any order made or act done by the Registrar in the exercise of those powers and jurisdiction is, subject to an appeal to a judge in chambers, deemed to be the order or act of the Court.
General powers of Court under this Act
Open ↗6.—(1) Subject to this Act, the Court, when exercising its jurisdiction under this Act, has full power to decide all questions of priorities and all other questions, whether of law or fact, that may arise in any case or matter under this Act coming within the cognizance of the Court, or that the Court considers expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case or matter.
(2) The Court may adjourn any case or matter under this Act coming within the cognizance of the Court, or make such order or give such direction as the Court thinks fit for the just, expeditious and economical disposal of any such case or matter, without requiring the parties to appear in person, by giving written notice of the adjournment, order or direction to all parties concerned.
(3) Where any debtor or bankrupt, or any other person, fails to obey any order or direction given under this Act by the Court, the Official Assignee or the Official Receiver, the Court may, on the application of the Official Assignee, the Official Receiver or any other person duly authorised by the Official Assignee or Official Receiver, or on the Court’s own motion —(a)
order that debtor, bankrupt or person to comply with that order or direction; and
(b)
if the Court thinks fit, make an order for the committal of that debtor, bankrupt or person.
(4) The power given by subsection (3) is in addition to any other right or remedy in respect of the failure to obey the order or direction.
Power to review orders
Open ↗7. The Court may review, rescind or vary any order made by the Court when exercising its jurisdiction under this Act.
Appeals under this Act
Open ↗8.—(1) Any order made by the Court in any matter under this Act is, at the instance of any person aggrieved, subject to appeal in the same way as an order of the Court in any other matter is for the time being appealable.
(2) For the purposes of this section, the Official Assignee and the Official Receiver are deemed to be aggrieved by the refusal of any application made to the Court by the Official Assignee and the refusal of any application made to the Court by the Official Receiver, respectively.
Criminal jurisdiction of District and Magistrate’s Courts
Open ↗9. Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court or Magistrate’s Court has jurisdiction to hear and determine all offences under this Act and has power to impose the full penalty or punishment in respect of any offence under this Act.
Where no specific procedure provided
Open ↗10.—(1) In any matter of practice or procedure for which no specific provision has been made by this Act, the procedure and practice for the time being in use or in force in the Supreme Court must, as nearly as possible, be followed and adopted.
(2) Where in respect of any matter of practice or procedure it is not possible to apply subsection (1), the Court may make such orders and give such directions as are likely to secure substantial justice between the parties.
Power to adjourn proceedings
Open ↗11. The Court may at any time adjourn any proceedings before the Court upon such terms (if any) as the Court thinks fit.
Power to amend written process, etc.
Open ↗12. The Court may at any time amend any written process or modify the procedure for any proceedings upon such terms (if any) as the Court thinks fit.
Power to extend time
Open ↗13. Where by this Act the time for doing any act or thing is limited, the Court may extend the time, either before or after the expiration of the time, upon such terms (if any) as the Court thinks fit.
Manner of taking evidence
Open ↗14. Subject to the Rules, the Court may in any matter take the whole or any part of any evidence either orally or upon affidavit or by commission abroad.[Act 31 of 2022 wef 01/11/2023]
Costs to be in Court’s discretion
Open ↗15. Subject to this Act and the Rules, the costs of and incidental to any proceedings in the Court are in the discretion of the Court.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.