RE CHIU BUT YORK

RE CHIU BUT YORK

The adjournment was refused as unreasonable and prejudicial given the debtor's absence, the Official Receiver's support for the petition and the available evidence; accordingly a receiving order was made with costs.

Source-derived case information.

Citation
RE CHIU BUT YORK
Parties
Petitioner; Judgment Creditor: CHIU SIPS SHEUNG; Debtor: CHIU BUT YORK; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 1984
Case Number
HCB486/1984
Procedural Posture
Bankruptcy / Petition Hearing for Receiving Order
Outcome
Receiving order made with costs.
Legal Topics
Receiving Order, 15% Rule (section 9(3)), Adjournment, Bankruptcy Notice, Annulment (section 33(1))
Source Language
en
Bankruptcy Insolvency Civil Procedure Receiving Order 15% Rule (section 9(3)) Adjournment Bankruptcy Notice Annulment (section 33(1))

Source-derived case record

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Parties

CHIU SIPS SHEUNG

Petitioner; Judgment Creditor

CHIU BUT YORK

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Petition Hearing for Receiving Order

Legal Issues

  1. 1 Whether a receiving order should be made following non‑compliance with a bankruptcy notice
  2. 2 Whether to grant an adjournment to allow the debtor to invoke the 15% rule
  3. 3 Whether the debtor's asserted lack of assets/income defeats the petition

Ratio Decidendi

The adjournment was refused as unreasonable and prejudicial given the debtor's absence, the Official Receiver's support for the petition and the available evidence; accordingly a receiving order was made with costs.

Court Disposition

Receiving order made with costs.

Orders

  • Receiving order made
  • Adjournment refused