RE CHEUNG SAU KING

RE CHEUNG SAU KING

Leave to withdraw the Amended Petition was granted because the debt underpinning the petition had been satisfied by sale proceeds; the debtor's allegations of unreasonable conduct did not affect the withdrawal application and any remedy for those allegations lies in separate proceedings or legal advice.

Source-derived case information.

Citation
RE CHEUNG SAU KING
Parties
Petitioning Creditor: LEI SHING HONG CREDIT LIMITED; Debtor: CHEUNG SAU KING (張秀琼); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 January 2013
Case Number
HCB2579/2012
Procedural Posture
Bankruptcy Proceedings (petition) / Application for Leave to Withdraw Amended Petition
Outcome
Leave granted to Petitioner to withdraw the Amended Petition.
Legal Topics
Withdrawal of Petition, Execution and Sale of Property, Mortgagee Action, Costs
Source Language
et
Bankruptcy Property Law Debt Recovery Withdrawal of Petition Execution and Sale of Property Mortgagee Action Costs

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Parties

LEI SHING HONG CREDIT LIMITED

Petitioning Creditor

CHEUNG SAU KING (張秀琼)

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings (petition) / Application for Leave to Withdraw Amended Petition

Legal Issues

  1. 1 Whether leave should be granted to withdraw the Amended Bankruptcy Petition where the underlying debt has been satisfied
  2. 2 Whether the debtor's allegations of unreasonable conduct by the petitioner preventing a prior sale and causing loss preclude withdrawal
  3. 3 Whether costs should be ordered and who should bear costs incurred to date

Ratio Decidendi

Leave to withdraw the Amended Petition was granted because the debt underpinning the petition had been satisfied by sale proceeds; the debtor's allegations of unreasonable conduct did not affect the withdrawal application and any remedy for those allegations lies in separate proceedings or legal advice.

Court Disposition

Leave granted to Petitioner to withdraw the Amended Petition.

Orders

  • Leave granted to withdraw the Amended Petition.
  • No order as to the costs incurred to date in the Amended Petition, except that the Petitioner agreed to bear the costs of the Official Receiver incurred to date.