RE BOON VOON KING AND OTHERS

RE BOON VOON KING AND OTHERS

Practice Direction 4.1 continues to apply to the new Bankruptcy forms introduced 1 April 1998 because the new forms are sub‑categories replacing the old Form 10 rather than altering its nature; an affidavit of continuing debt is not an absolute prerequisite to making a bankruptcy order — the court has discretion to be satisfied by the petition and supporting affidavit or to require further evidence or undertakings, and may accept alternative proof such as a certificate or a filed undertaking where appropriate.

Citation
RE BOON VOON KING AND OTHERS
Parties
Petitioning Creditor: NEDCOR ASIA LIMITED; Debtor: Boon Voon King; Debtor: Wan Siu Yuk; Debtor: Chan Wai Hing; Official Receiver/respondent: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 1998
Case Number
HCB633/1998
Procedural Posture
Bankruptcy / Hearing and Judgment on Petitions
Outcome
Bankruptcy orders made on HCB632, HCB633 and HCB634 of 1998
Legal Topics
Practice Direction 4.1 Applicability, Affidavit of Continuing Debt, Proof of Debt at Hearing, Corporate Authority to Present Petition
Source Language
EN
Bankruptcy Insolvency Civil Procedure Practice Direction 4.1 Applicability Affidavit of Continuing Debt Proof of Debt at Hearing Corporate Authority to Present Petition

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Parties

NEDCOR ASIA LIMITED

Petitioning Creditor

Boon Voon King

Debtor

Wan Siu Yuk

Debtor

Chan Wai Hing

Debtor

Official Receiver

Official Receiver/respondent

Procedural Posture

Bankruptcy / Hearing and Judgment on Petitions

Legal Issues

  1. 1 Whether Practice Direction 4.1 continues to apply to the new Bankruptcy Forms introduced by the Bankruptcy (Amendment) Ordinance 1 April 1998
  2. 2 Whether an affidavit of continuing debt must be filed at the hearing to verify that the debt has not been paid, secured or compounded immediately before the hearing

Ratio Decidendi

Practice Direction 4.1 continues to apply to the new Bankruptcy forms introduced 1 April 1998 because the new forms are sub‑categories replacing the old Form 10 rather than altering its nature; an affidavit of continuing debt is not an absolute prerequisite to making a bankruptcy order — the court has discretion to be satisfied by the petition and supporting affidavit or to require further evidence or undertakings, and may accept alternative proof such as a certificate or a filed undertaking where appropriate.

Court Disposition

Bankruptcy orders made on HCB632, HCB633 and HCB634 of 1998

Orders

  • Bankruptcy orders made in Bankruptcy Nos. HCB632, HCB633 and HCB634 of 1998
  • Declared that Practice Direction 4.1 continues to apply to the new Bankruptcy forms introduced 1 April 1998