Attorney-General vs Don Solomon Fernando – clr volume 1 page 035

In Attorney-General v. S. Don Solomon Fernando, the court addressed whether an insolvent individual in custody may be released under section 36 of the Insolvency Ordinance prior to formally “surrendering” to the court. It was held that such release is not permissible until the prescribed surrender requirements are satisfied, reaffirming the principle that procedural compliance, including formal surrender and submission to examination, is a prerequisite to the operation of section 36. The determination relied on the procedural framework and English practice surrounding insolvency law, emphasizing that appointment of an assignee and adherence to statutory requirements are essential before relief from custody can be granted.

Clarence A.C.J. — The findings established that the insolvent’s ap