RE LO MAN

RE LO MAN

The court found established lack of cooperation and post-bankruptcy unsatisfactory conduct in relation to failure to provide sufficient banking information, failure to assist with foreign property enquiries, unsatisfactory communication methods and failure to make agreed contributions; these grounds justified suspending the running of the relevant period under s30A, but the misconduct was not so serious as to merit the maximum four-year suspension, and a two-year suspension was proportionate.

Citation
RE LO MAN
Parties
Joint & Several Trustees: Mr Stephen Liu Yiu Keung and Mr Yeo Boon Ann; Bankrupt: Lo Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2007
Case Number
HCB11786/2002
Procedural Posture
Bankruptcy Application to Suspend Automatic Discharge Under S30 a / Judgment (court of First Instance)
Outcome
Order made suspending the running of the relevant period under s30A for two years; bankrupt ordered to pay Trustees' costs of the application
Legal Topics
Automatic Discharge, Suspension of Discharge, Failure to Cooperate, Unsatisfactory Conduct, Contributions to Estate, Costs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Automatic Discharge Suspension of Discharge Failure to Cooperate Unsatisfactory Conduct Contributions to Estate +1 more

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Parties

Mr Stephen Liu Yiu Keung and Mr Yeo Boon Ann

Joint & Several Trustees

Lo Man

Bankrupt

Procedural Posture

Bankruptcy Application to Suspend Automatic Discharge Under S30 a / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether grounds under s30A(4)(c) and (d) to suspend automatic discharge are established
  2. 2 Whether pre-bankruptcy gambling losses constitute unsatisfactory conduct warranting suspension
  3. 3 Appropriate length of suspension if grounds established

Ratio Decidendi

The court found established lack of cooperation and post-bankruptcy unsatisfactory conduct in relation to failure to provide sufficient banking information, failure to assist with foreign property enquiries, unsatisfactory communication methods and failure to make agreed contributions; these grounds justified suspending the running of the relevant period under s30A, but the misconduct was not so serious as to merit the maximum four-year suspension, and a two-year suspension was proportionate.

Court Disposition

Order made suspending the running of the relevant period under s30A for two years; bankrupt ordered to pay Trustees' costs of the application

Orders

  • Order that the relevant period under s30A cease to run in respect of Mr Lo for a period of two years
  • Mr Lo to pay the Trustees their costs of this application, such costs to be taxed on the party and party basis if not agreed