RE CHENG CHI MING

RE CHENG CHI MING

Although Mr Lee breached multiple prescribed Bankruptcy Rules and failed initially to answer requisitions, the breaches did not prejudice the IVA, a replacement nominee was in place, and Mr Lee gave undertakings and remedial filings; therefore the court accepted the undertaking, declined to make further directions or formally declare him unsuitable, but issued a warning about his conduct.

Citation
RE CHENG CHI MING
Parties
Debtor: Cheng Chi Ming; Nominee: Lee Wing Hang; Replacement Nominee: Catherine Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 2004
Case Number
HCBI454/2004
Procedural Posture
Bankruptcy/individual Voluntary Arrangement / Hearing for Consideration of the Chairman's Report (6th Adjourned Hearing)
Outcome
No formal finding of unsuitability; undertaking by Mr Lee accepted; no directions issued; formal warning given regarding conduct.
Legal Topics
Individual Voluntary Arrangement (iva), Nominee Suitability, Compliance With Bankruptcy Rules, Adjournment and Notice Requirements, Filing Obligations, Judicial Warnings
Source Language
EN
Insolvency Bankruptcy Civil Procedure Professional Conduct Individual Voluntary Arrangement (iva) Nominee Suitability Compliance With Bankruptcy Rules Adjournment and Notice Requirements +2 more

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Parties

Cheng Chi Ming

Debtor

Lee Wing Hang

Nominee

Catherine Cheung

Replacement Nominee

Procedural Posture

Bankruptcy/individual Voluntary Arrangement / Hearing for Consideration of the Chairman's Report (6th Adjourned Hearing)

Legal Issues

  1. 1 Whether the nominee Mr Lee Wing Hang failed to perform statutory duties under s.20G of the Bankruptcy Ordinance by non-compliance with the Bankruptcy Rules
  2. 2 Whether the failures (late filing of Chairman's Report, failure to notify adjournments, omission of required information, failure to answer court requisitions) render the nominee unsuitable to act
  3. 3 Whether any directions or sanctions should be given or the matter referred to professional bodies

Ratio Decidendi

Although Mr Lee breached multiple prescribed Bankruptcy Rules and failed initially to answer requisitions, the breaches did not prejudice the IVA, a replacement nominee was in place, and Mr Lee gave undertakings and remedial filings; therefore the court accepted the undertaking, declined to make further directions or formally declare him unsuitable, but issued a warning about his conduct.

Court Disposition

No formal finding of unsuitability; undertaking by Mr Lee accepted; no directions issued; formal warning given regarding conduct.

Orders

  • Undertaking accepted that Mr Lee will not accept any appointment as a nominee for three months
  • No directions given in relation to the implementation of the IVA