RE QUE JOCELYN CO

RE QUE JOCELYN CO

Because there was a fundamental common issue — whether the Master properly made the 16 June 1999 order and what effect that order has on the earlier final costs order — the judge exercised discretion to adjourn the bankruptcy petition to the judge hearing the appeal so the linked issues would be decided together; costs of the 7 July hearing were reserved to that judge.

Citation
RE QUE JOCELYN CO
Parties
Petitioning Creditor: Broadair Express Limited; Judgment Debtor: Que Jocelyn Co; Respondent/third Party (solicitors): Finley & Co
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 July 1999
Case Number
HCB612/1999
Procedural Posture
Bankruptcy Petition (bankruptcy Proceedings No.612 of 1999) / Adjournment Hearing and Hand Down of Reasons; Appeal Pending From Master's Order
Outcome
Hearing of the Bankruptcy Petition adjourned to the judge hearing the appeal by Finley & Co; to be heard preferably at the same time or immediately thereafter; costs of the 7 July 1999 hearing reserved to that judge.
Legal Topics
Statutory Demand, Order 62 R.8, Inherent Jurisdiction, Res Judicata, Adjournment, Judgment Debt
Source Language
EN
Bankruptcy Civil Procedure Costs Appeal Statutory Demand Order 62 R.8 Inherent Jurisdiction Res Judicata +2 more

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Parties

Broadair Express Limited

Petitioning Creditor

Que Jocelyn Co

Judgment Debtor

Finley & Co

Respondent/third Party (solicitors)

Procedural Posture

Bankruptcy Petition (bankruptcy Proceedings No.612 of 1999) / Adjournment Hearing and Hand Down of Reasons; Appeal Pending From Master's Order

Legal Issues

  1. 1 Whether Master had jurisdiction to make the 16 June 1999 order under O.62 r.8(1)(b)/(c) and/or the court's inherent jurisdiction
  2. 2 Whether the Master's 16 June 1999 order extinguished or affected the prior final costs order of 23 May 1997 (the judgment debt)
  3. 3 Whether the bankruptcy petition should be heard, granted, stayed or adjourned pending resolution of the appeal against the Master's order

Ratio Decidendi

Because there was a fundamental common issue — whether the Master properly made the 16 June 1999 order and what effect that order has on the earlier final costs order — the judge exercised discretion to adjourn the bankruptcy petition to the judge hearing the appeal so the linked issues would be decided together; costs of the 7 July hearing were reserved to that judge.

Court Disposition

Hearing of the Bankruptcy Petition adjourned to the judge hearing the appeal by Finley & Co; to be heard preferably at the same time or immediately thereafter; costs of the 7 July 1999 hearing reserved to that judge.

Orders

  • Hearing of the Bankruptcy Petition adjourned to the judge hearing F&Co's appeal; to be heard at the same time as the appeal or immediately thereafter
  • Costs of the hearing on 7 July 1999 reserved to the judge who will hear F&Co's appeal and the Petition