Re Choi Sze Fai

Re Choi Sze Fai

The Master found on facts that Mr. Choi failed to complete his Statement of Affairs properly, concealed information and failed to cooperate with the Official Receiver; such conduct justified suspension of the automatic discharge for three years under section 30A(3) of the Bankruptcy Ordinance; the review is dismissed and the original suspension is confirmed.

Citation
Re Choi Sze Fai
Parties
Bankrupt: Choi Sze Fai; Official Receiver and Trustee: Official Receiver and Trustee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 September 2002
Case Number
HCB1276/1997
Procedural Posture
Bankruptcy Proceedings / Review of Suspension of Automatic Discharge Under Section 30 A(3)
Outcome
Review dismissed; suspension of automatic discharge for three years from 14 April 2002 confirmed.
Legal Topics
Automatic Discharge, Suspension of Discharge, Statement of Affairs, Cooperation With Trustee, Official Receiver
Source Language
EN
Bankruptcy Insolvency Civil Procedure Automatic Discharge Suspension of Discharge Statement of Affairs Cooperation With Trustee Official Receiver

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Parties

Choi Sze Fai

Bankrupt

Official Receiver and Trustee

Official Receiver and Trustee

Procedural Posture

Bankruptcy Proceedings / Review of Suspension of Automatic Discharge Under Section 30 A(3)

Legal Issues

  1. 1 Whether suspension of automatic discharge under s30A(3) was justified
  2. 2 Whether the bankrupt completed the Statement of Affairs properly
  3. 3 Whether the bankrupt cooperated with the Official Receiver in administration of the estate

Ratio Decidendi

The Master found on facts that Mr. Choi failed to complete his Statement of Affairs properly, concealed information and failed to cooperate with the Official Receiver; such conduct justified suspension of the automatic discharge for three years under section 30A(3) of the Bankruptcy Ordinance; the review is dismissed and the original suspension is confirmed.

Court Disposition

Review dismissed; suspension of automatic discharge for three years from 14 April 2002 confirmed.

Orders

  • Suspension of automatic discharge for three years from 14 April 2002
  • No order as to costs for the review application