RE SHIU KWOK WING SAMUEL

RE SHIU KWOK WING SAMUEL

The court found the bankrupt primarily responsible for the misrepresentation on the JCG loan application which constituted unsatisfactory pre-bankruptcy conduct; balancing that finding against four years of cooperation, repayment contributions and personal/family circumstances, the court exercised its discretion...

Source-derived case information.

Citation
RE SHIU KWOK WING SAMUEL
Parties
Bankrupt (respondent): Shiu Kwok Wing Samuel; Trustees/applicants: Fred Lee and Christine Chow (Trustees)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 2007
Case Number
HCB24713/2002
Procedural Posture
Bankruptcy — Suspension of Automatic Discharge / Application Heard in Chambers; Decision Reserved and Delivered
Outcome
Automatic discharge of bankruptcy suspended for 3 months from 11 February 2007; costs awarded to trustee.
Legal Topics
Automatic Discharge Suspension, Pre Bankruptcy Conduct, Misrepresentation on Loan Application, Trustee Opposition, Costs
Source Language
en
Bankruptcy Insolvency Commercial Law Fraud/misrepresentation Automatic Discharge Suspension Pre Bankruptcy Conduct Misrepresentation on Loan Application Trustee Opposition +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Shiu Kwok Wing Samuel

Bankrupt (respondent)

Fred Lee and Christine Chow (Trustees)

Trustees/applicants

Procedural Posture

Bankruptcy — Suspension of Automatic Discharge / Application Heard in Chambers; Decision Reserved and Delivered

Legal Issues

  1. 1 Whether the bankrupt's pre-bankruptcy misrepresentation rendered his conduct 'unsatisfactory'
  2. 2 Whether the court should exercise its discretion under section 30A(3) to suspend automatic discharge
  3. 3 Appropriate duration of any suspension given rehabilitation policy and personal circumstances

Ratio Decidendi

The court found the bankrupt primarily responsible for the misrepresentation on the JCG loan application which constituted unsatisfactory pre-bankruptcy conduct; balancing that finding against four years of cooperation, repayment contributions and personal/family circumstances, the court exercised its discretion under section 30A(3) to suspend the automatic discharge for a minimal period of three months from 11 February 2007 and ordered costs to the trustee.

Court Disposition

Automatic discharge of bankruptcy suspended for 3 months from 11 February 2007; costs awarded to trustee.

Orders

  • Suspend automatic discharge for 3 months from 11 February 2007
  • Bankrupt to pay the Trustee's costs of the application, including costs reserved on 25 January 2007, to be taxed if not agreed