RE LU YONGLIANG

RE LU YONGLIANG

Given the bankrupt's deliberate non‑cooperation—failure to attend or make himself available despite multiple express requests and solicitors' inability to confirm transmission of those requests or the client's whereabouts—the court exercised its discretion and made the normal non‑commencement order.

Citation
[2022] HKCFI 1251
Parties
Applicants / Trustees: Joint and several trustees; Bankrupt: Lu Yongliang; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 April 2022
Case Number
HCB7182/2019
Procedural Posture
Bankruptcy / Application for Non Commencement Order (decision)
Outcome
Non-commencement order made
Legal Topics
Non Commencement Order, Cooperation With Trustees, Conduct of Bankrupt and Solicitors
Source Language
EN
Bankruptcy Insolvency Civil Procedure Non Commencement Order Cooperation With Trustees Conduct of Bankrupt and Solicitors

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Parties

Joint and several trustees

Applicants / Trustees

Lu Yongliang

Bankrupt

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Application for Non Commencement Order (decision)

Legal Issues

  1. 1 Whether a non-commencement order should be made where the bankrupt fails to attend or make himself available for interview
  2. 2 Whether the solicitors' failure to confirm passing on requests or to know the client's whereabouts permits an adverse inference of non-cooperation
  3. 3 Whether the Official Receiver's request was complied with and its effect on the trustees' application

Ratio Decidendi

Given the bankrupt's deliberate non‑cooperation—failure to attend or make himself available despite multiple express requests and solicitors' inability to confirm transmission of those requests or the client's whereabouts—the court exercised its discretion and made the normal non‑commencement order.

Court Disposition

Non-commencement order made

Orders

  • Non-commencement order made (normal form)
  • Attendance of the Official Receiver excused