PART 6
DEBT REPAYMENT SCHEME
Manner of making applications
61.  Every application to the Court under Part 15 of the Act or this Part must —
(a)if made before the effective date of a debt repayment scheme under Part 15 of the Act — be made by summons supported by an affidavit; or
(b)if made after the effective date of a debt repayment scheme under Part 15 of the Act — be made by originating summons supported by an affidavit.
Appeal against extension of period to file proof of debt
62.—(1)  A creditor who —
(a)has made an application to the Official Assignee to extend the time specified in the notice mentioned in section 290(2) of the Act within which the creditor is required to file a proof of debt; and
(b)is dissatisfied with the Official Assignee’s decision on the application,
may apply to the Court to reverse or vary the decision.
(2)  An application under paragraph (1) must be made not later than 21 days after the date of the decision being appealed against.
(3)  The affidavit supporting the application must state the reasons for the application.
(4)  A sealed copy of the application under paragraph (1) and a copy of the affidavit supporting the application must be served personally on the Official Assignee unless otherwise agreed in writing between the Official Assignee and the creditor making the application.
(5)  The Official Assignee must, within 14 days after receiving a copy of the application under paragraph (1), file an explanation in the form of a report of the basis for the Official Assignee’s decision that is the subject of the application.
(6)  On hearing an application under paragraph (1), the Court may —
(a)confirm, reverse or modify the decision of the Official Assignee; or
(b)give such directions to the Official Assignee or make such order as the Court thinks fit.
Appeal against admission or rejection of proof of debt by Official Assignee
63.—(1)  Every appeal to the Court against the Official Assignee’s decision under section 294(3) of the Act must be made not later than 14 days after the date of the Official Assignee’s notice to admit or reject, in whole or in part, the proof of debt.
(2)  The Court may, on an appeal mentioned in paragraph (1) —
(a)admit, in whole or in part, the proof of debt; or
(b)reject the proof of debt.
(3)  Unless otherwise provided for in the Act or these Rules, rule 127 and the Rules of Court have effect in respect of an appeal to the Court against the Official Assignee’s decision under section 294(3) of the Act to admit or reject, in whole or in part, a proof of debt.