FRED LEE AND ANOTHER v. LI YAT SHING

FRED LEE AND ANOTHER v. LI YAT SHING

The trustees failed to prove the statutory grounds under s30A(4) on the evidence: the court preferred the bankrupt's direct evidence and inferred the trustees had misplaced originals and lost records; accordingly the objection was dismissed and the interim suspension was lifted with retrospective effect.

Citation
FRED LEE AND ANOTHER v. LI YAT SHING
Parties
Applicant/trustees: Fred Lee and Chow Wai Lin, Christine; Respondent/bankrupt: Li Yat Shing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 November 2007
Case Number
HCB4224/2003
Procedural Posture
Bankruptcy Objection to Automatic Discharge / Judgment on Application to Object to Automatic Discharge
Outcome
Application dismissed; interim order lifted with retrospective effect.
Legal Topics
Automatic Discharge, Trustee Objections, Cooperation With Trustees, Annual Report Obligations, Suspension of Discharge
Source Language
EN
Bankruptcy Insolvency Civil Procedure Evidence Automatic Discharge Trustee Objections Cooperation With Trustees Annual Report Obligations +1 more

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Parties

Fred Lee and Chow Wai Lin, Christine

Applicant/trustees

Li Yat Shing

Respondent/bankrupt

Procedural Posture

Bankruptcy Objection to Automatic Discharge / Judgment on Application to Object to Automatic Discharge

Legal Issues

  1. 1 Whether the trustee applicants proved statutory grounds under s30A(4)(c),(d) and (h) to object to automatic discharge
  2. 2 Whether the bankrupt failed to maintain contact with trustees
  3. 3 Whether the bankrupt failed to submit annual reports on time

Ratio Decidendi

The trustees failed to prove the statutory grounds under s30A(4) on the evidence: the court preferred the bankrupt's direct evidence and inferred the trustees had misplaced originals and lost records; accordingly the objection was dismissed and the interim suspension was lifted with retrospective effect.

Court Disposition

Application dismissed; interim order lifted with retrospective effect.

Orders

  • Application to object to automatic discharge dismissed
  • Interim suspension order dated 2 April 2007 lifted with retrospective effect