RE CARMEN GO

RE CARMEN GO

Given the bankrupt's inconsistent statements about assets, lack of full and frank disclosure, minimal realisations by the Official Receiver and the petitioner's willingness to fund the examination, the court was satisfied that a private examination under section 29 and an order for production of documents were appropriate to assist administration of the estate.

Citation
RE CARMEN GO
Parties
Petitioning Creditor: Woon Kay Chang; Bankrupt / Debtor: Carmen Go; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 March 2006
Case Number
HCB235/2005
Procedural Posture
Bankruptcy Proceedings / Application for Private Examination (interlocutory)
Outcome
Summons granted: order for private examination under section 29 made against the bankrupt.
Legal Topics
Private Examination Under Section 29, Disclosure of Assets, Proof of Debt, Conduct of Examination
Source Language
EN
Bankruptcy Law Insolvency Civil Procedure Private Examination Under Section 29 Disclosure of Assets Proof of Debt Conduct of Examination

Case Brief

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Parties

Woon Kay Chang

Petitioning Creditor

Carmen Go

Bankrupt / Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Application for Private Examination (interlocutory)

Legal Issues

  1. 1 Whether the petitioner has locus to apply for a private examination under section 29
  2. 2 Whether a private examination is appropriate given the bankrupt's disclosure and conduct
  3. 3 Whether the bankrupt should be ordered to produce documents relating to her assets and dealings

Ratio Decidendi

Given the bankrupt's inconsistent statements about assets, lack of full and frank disclosure, minimal realisations by the Official Receiver and the petitioner's willingness to fund the examination, the court was satisfied that a private examination under section 29 and an order for production of documents were appropriate to assist administration of the estate.

Court Disposition

Summons granted: order for private examination under section 29 made against the bankrupt.

Orders

  • Bankrupt to attend before a Master of the High Court to be examined under section 29 at such time as directed by the court, estimated 2 hours
  • Petitioner to have conduct of the examination by his solicitor or counsel