RE: LI TAT KONG and EX PARTE: OFFICIAL RECEIVER

RE: LI TAT KONG and EX PARTE: OFFICIAL RECEIVER

The court held that the four‑year relevant period commenced on the adjudication date (22 November 1995) and, because 21 November 1999 fell on a Sunday, the period did not expire until 22 November 1999; the omission on 22 November 1999 of any interim order suspending discharge was an accidental slip correctable under Order 20 r.11; the creditor was entitled to be heard despite not issuing its own summons because no substantial prejudice to the bankrupt resulted and the trustee had properly applied; on the merits the bankrupt had failed to co‑operate, concealed accounts and assets and discharge would prejudice administration, and accordingly the court ordered that the relevant period cease...

Citation
RE: LI TAT KONG and EX PARTE: OFFICIAL RECEIVER
Parties
Bankrupt: Li Tat Kong; Trustee: Official Receiver; Creditor: Kevin T.H. Wu & Co. Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 2000
Case Number
HCB741/1995
Procedural Posture
Bankruptcy / Summons Under Section 30 a Objecting to Automatic Discharge; Preliminary Hearings on Jurisdiction and Locus; Judgment on 2 June 2000
Outcome
Order nisi that the relevant period for the purposes of section 30A shall cease to run for 3 years from 22 November 1999; creditor entitled to be heard; costs nisi to Trustee and Creditor
Legal Topics
Automatic Discharge, Computation of Time, Slip Rule (clerical Correction), Locus Standi of Creditor, Public Examination, Trustee Objections
Source Language
EN
Bankruptcy Insolvency Law Civil Procedure Statutory Interpretation Automatic Discharge Computation of Time Slip Rule (clerical Correction) Locus Standi of Creditor +2 more

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Parties

Li Tat Kong

Bankrupt

Official Receiver

Trustee

Kevin T.H. Wu & Co. Ltd

Creditor

Procedural Posture

Bankruptcy / Summons Under Section 30 a Objecting to Automatic Discharge; Preliminary Hearings on Jurisdiction and Locus; Judgment on 2 June 2000

Legal Issues

  1. 1 Whether the four year relevant period for automatic discharge commenced on the adjudication date or the following day and whether it expired on 21 or 22 November 1999 given Sunday/public holiday rules
  2. 2 Whether the omission of an interim order suspending the discharge on 22 November 1999 was an accidental slip correctable under the slip rule
  3. 3 Whether the creditor who did not issue a separate summons had locus to be heard

Ratio Decidendi

The court held that the four‑year relevant period commenced on the adjudication date (22 November 1995) and, because 21 November 1999 fell on a Sunday, the period did not expire until 22 November 1999; the omission on 22 November 1999 of any interim order suspending discharge was an accidental slip correctable under Order 20 r.11; the creditor was entitled to be heard despite not issuing its own summons because no substantial prejudice to the bankrupt resulted and the trustee had properly applied; on the merits the bankrupt had failed to co‑operate, concealed accounts and assets and discharge would prejudice administration, and accordingly the court ordered that the relevant period cease...

Court Disposition

Order nisi that the relevant period for the purposes of section 30A shall cease to run for 3 years from 22 November 1999; creditor entitled to be heard; costs nisi to Trustee and Creditor

Orders

  • The relevant period for the purposes of section 30A shall cease to run for 3 years from 22 November 1999
  • The omission in the 22 November 1999 order is corrected under Order 20 r.11 to reflect suspension (interim order)