DR PAUL KI PING-KI AND ANOTHERv. NEXT MAGAZINE PUBLISHING LTD. AND OTHERS

DR PAUL KI PING-KI AND ANOTHERv. NEXT MAGAZINE PUBLISHING LTD. AND OTHERS

The Registrar's order was correct: s.35 permits set-off of the damages awarded in the 2nd defamation action because Next's contingent liability to pay those damages arose before the receiving order and therefore constituted 'mutual dealings'; the applicant's ten-month, inexcusable delay and absence of a real prospect of success justified refusal of leave to appeal out of time.

Citation
DR PAUL KI PING-KI AND ANOTHERv. NEXT MAGAZINE PUBLISHING LTD. AND OTHERS
Parties
1st Plaintiff: Dr Paul Ki Ping-Ki; 2nd Plaintiff: Hong Kong Washington Company; 1st Defendant: Next Magazine Publishing Ltd; 2nd Defendant: Cheung Kim Hung; 3rd Defendant: Toppan Printing Co. (H.K.) Ltd; 4th Defendant: Yeung Wai Hong; 5th Defendant: Lee Kwong Fung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 May 2000
Case Number
HCA11533/1996
Procedural Posture
Defamation and Bankruptcy Set Off Proceedings / Application for Leave to Appeal Out of Time (chambers)
Outcome
Application dismissed; leave to appeal out of time refused.
Legal Topics
Set Off Under Bankruptcy, Contingent Claims, Leave to Appeal Out of Time, Receiving Order, Proof of Debt Amendment
Source Language
EN
Defamation Bankruptcy Civil Procedure Insolvency Law Costs Set Off Under Bankruptcy Contingent Claims Leave to Appeal Out of Time +2 more

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Parties

Dr Paul Ki Ping-Ki

1st Plaintiff

Hong Kong Washington Company

2nd Plaintiff

Next Magazine Publishing Ltd

1st Defendant

Cheung Kim Hung

2nd Defendant

Toppan Printing Co. (H.K.) Ltd

3rd Defendant

Yeung Wai Hong

4th Defendant

Lee Kwong Fung

5th Defendant

Procedural Posture

Defamation and Bankruptcy Set Off Proceedings / Application for Leave to Appeal Out of Time (chambers)

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether damages for defamation form part of bankrupt's estate or are subject to set-off under s.35 of the Bankruptcy Ordinance
  3. 3 Whether contingent liabilities accrued before the receiving order can be set-off

Ratio Decidendi

The Registrar's order was correct: s.35 permits set-off of the damages awarded in the 2nd defamation action because Next's contingent liability to pay those damages arose before the receiving order and therefore constituted 'mutual dealings'; the applicant's ten-month, inexcusable delay and absence of a real prospect of success justified refusal of leave to appeal out of time.

Court Disposition

Application dismissed; leave to appeal out of time refused.

Orders

  • Application dismissed.
  • Order nisi that the costs of the application (except the costs of the hearing on 13 April 2000) be paid by the Applicant to the Respondents.