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 on 1 April 1998 because the new forms are subcategories replacing the old Form 10 and do not alter the nature of the petition; an affidavit of continuing debt is not invariably required at the hearing — the court may be satisfied by the petition and supporting affidavit, may accept undertakings or require further affidavit in appropriate cases, and is not bound by a rigid practice to refuse orders absent a fresh affidavit.

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: OFFICIAL RECEIVER
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 1998
Case Number
HCB634/1998
Procedural Posture
Bankruptcy Petition / Hearing and Judgment
Outcome
Bankruptcy orders were made in the three petitions; court held Practice Direction 4.1 continues to apply and that affidavits of continuing debt are not mandatory in all cases
Legal Topics
Practice Direction Applicability to New Forms, Affidavit of Continuing Debt / Proof of Debt at Hearing
Source Language
EN
Bankruptcy Insolvency Civil Procedure Practice Direction Applicability to New Forms Affidavit of Continuing Debt / Proof of Debt at Hearing

Case Brief

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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

Procedural Posture

Bankruptcy Petition / Hearing and Judgment

Legal Issues

  1. 1 Whether Practice Direction 4.1 remains applicable to the new bankruptcy forms introduced by the Bankruptcy (Amendment) Ordinance 1998
  2. 2 Whether an affidavit of continuing debt must be filed at the hearing to prove that the debt has neither been paid, secured nor compounded immediately before the hearing
  3. 3 Whether the court may rely on the petition and its supporting affidavit to prove the debt or must require further affidavit or undertaking

Ratio Decidendi

Practice Direction 4.1 continues to apply to the new bankruptcy forms introduced on 1 April 1998 because the new forms are subcategories replacing the old Form 10 and do not alter the nature of the petition; an affidavit of continuing debt is not invariably required at the hearing — the court may be satisfied by the petition and supporting affidavit, may accept undertakings or require further affidavit in appropriate cases, and is not bound by a rigid practice to refuse orders absent a fresh affidavit.

Court Disposition

Bankruptcy orders were made in the three petitions; court held Practice Direction 4.1 continues to apply and that affidavits of continuing debt are not mandatory in all cases

Orders

  • Bankruptcy orders made in HCB632 of 1998
  • Bankruptcy orders made in HCB633 of 1998