RE LUNG KAM CHIU

RE LUNG KAM CHIU

The application for extension of time to appeal was dismissed because the Debtor failed to explain the delay and failed to establish a substantive basis to show he could repay the debt; the application was therefore without merit.

Source-derived case information.

Citation
[2021] HKCFI 3246
Parties
1st Petitioner: LIANG ZHAO HUI as the executor of the estate of LIANG HUITAO (deceased); 2nd Petitioner: WU WEIZU (吳維祖); Debtor: LUNG KAM CHIU (龍錦超)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2021
Case Number
HCB4202/2020
Procedural Posture
Bankruptcy Proceedings / Application for Extension of Time to Appeal (chambers Hearing) — Dismissed
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Costs Order, Ability to Repay Debt, Landed Property Subject to Litigation
Source Language
en
Bankruptcy Insolvency Civil Procedure Appeal Extension of Time to Appeal Costs Order Ability to Repay Debt Landed Property Subject to Litigation

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Parties

LIANG ZHAO HUI as the executor of the estate of LIANG HUITAO (deceased)

1st Petitioner

WU WEIZU (吳維祖)

2nd Petitioner

LUNG KAM CHIU (龍錦超)

Debtor

Procedural Posture

Bankruptcy Proceedings / Application for Extension of Time to Appeal (chambers Hearing) — Dismissed

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether the applicant has adequately explained the delay
  3. 3 Whether the applicant has shown ability to repay the debt

Ratio Decidendi

The application for extension of time to appeal was dismissed because the Debtor failed to explain the delay and failed to establish a substantive basis to show he could repay the debt; the application was therefore without merit.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs of this application to the Petitioners to be taxed and paid out of the estate of the Debtor