DADRA INC 對 CHAN CHOI HAR IVY

DADRA INC 對 CHAN CHOI HAR IVY

The court found beyond reasonable doubt that the debtor deliberately failed to make full disclosure at the examinations required by the two disclosure orders (including withholding material bank records and details of a HK$620,000,000 commission and her alleged HK$250,000,000 share). Exercising its discretion, the court ordered committal for 6 weeks and ordered the debtor to pay the creditor's costs of the committal application on an indemnity basis; maintenance fixed at HK$725 per day.

Citation
[2023] HKCFI 651
Parties
Plaintiff (judgment Creditor): DADRA INC; Defendant (judgment Debtor): CHAN CHOI HAR IVY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 March 2023
Case Number
HCA1756/2019
Procedural Posture
Order 49 B Committal Proceedings (post Judgment Enforcement) / Committal Hearing
Outcome
Judgment debtor Chan Choi Har Ivy committed to prison for 6 weeks for deliberate failure to make full disclosure under Order 49B
Legal Topics
Order 49 B, Judgment Debtor Examination, Disclosure Obligations, Committal to Prison, Costs Assessment
Source Language
CH
Civil Procedure Enforcement Bankruptcy Law Contempt/committal Order 49 B Judgment Debtor Examination Disclosure Obligations Committal to Prison +1 more

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Parties

DADRA INC

Plaintiff (judgment Creditor)

CHAN CHOI HAR IVY

Defendant (judgment Debtor)

Procedural Posture

Order 49 B Committal Proceedings (post Judgment Enforcement) / Committal Hearing

Legal Issues

  1. 1 Whether the judgment debtor deliberately failed to make full disclosure at examination pursuant to Order 49B
  2. 2 Whether the criminal standard (beyond reasonable doubt) is met for committal
  3. 3 Whether the court should exercise its discretion to imprison and for what period

Ratio Decidendi

The court found beyond reasonable doubt that the debtor deliberately failed to make full disclosure at the examinations required by the two disclosure orders (including withholding material bank records and details of a HK$620,000,000 commission and her alleged HK$250,000,000 share). Exercising its discretion, the court ordered committal for 6 weeks and ordered the debtor to pay the creditor's costs of the committal application on an indemnity basis; maintenance fixed at HK$725 per day.

Court Disposition

Judgment debtor Chan Choi Har Ivy committed to prison for 6 weeks for deliberate failure to make full disclosure under Order 49B

Orders

  • Commit judgment debtor Chan Choi Har Ivy to prison for 6 weeks; sheriff to deliver the debtor to the Director of Prisons
  • Maintenance allowance for the committed debtor fixed at HK$725 per day