RE CHU YING KIN

RE CHU YING KIN

The court found on balance that the bankrupt wilfully failed to disclose multiple assets/claims (registered trademarks, a substantial ongoing PRC property claim, shareholdings) and was evasive with the Official Receiver, thereby establishing grounds (c) (failure to co-operate) and (d) (unsatisfactory conduct) under s30A(4). Given the duty to disclose, the OR's need to investigate and the aims of rehabilitation balanced against commercial morality, the court exercised its discretion to suspend the Relevant Period. The Time Summons was retrospectively granted. The suspension was set at one year and nine months starting 31 July 2021 to allow the OR to complete inquiries and protect...

Citation
[2023] HKCFI 680
Parties
Creditor/applicant: Chu Chi Keung; Trustee in Bankruptcy: Official Receiver; Bankrupt: Chu Ying Kin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 March 2023
Case Number
HCB4013/2017
Procedural Posture
Bankruptcy Application to Suspend Automatic Discharge / Application Hearing and Decision on Extension of Relevant Period and Extension of Time
Outcome
Time Summons granted retrospectively; objections under s30A(4)(c) and (d) established; Relevant Period suspended; bankruptcy extended; costs largely neutral between parties with OR costs payable from estate subject to assessment
Legal Topics
Automatic Discharge, Suspension of Discharge, Non Disclosure of Assets, Failure to Cooperate With Trustee, Time Extension for Service, Foreign Proceedings
Source Language
EN
Bankruptcy Insolvency Civil Procedure Property Law Intellectual Property Automatic Discharge Suspension of Discharge Non Disclosure of Assets +3 more

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Parties

Chu Chi Keung

Creditor/applicant

Official Receiver

Trustee in Bankruptcy

Chu Ying Kin

Bankrupt

Procedural Posture

Bankruptcy Application to Suspend Automatic Discharge / Application Hearing and Decision on Extension of Relevant Period and Extension of Time

Legal Issues

  1. 1 Whether the Time Summons to permit late service should be granted
  2. 2 Whether grounds under section 30A(4) BO (failure to co-operate; unsatisfactory conduct) are established
  3. 3 Whether, in the exercise of the court's discretion, the automatic discharge should be suspended and for what period

Ratio Decidendi

The court found on balance that the bankrupt wilfully failed to disclose multiple assets/claims (registered trademarks, a substantial ongoing PRC property claim, shareholdings) and was evasive with the Official Receiver, thereby establishing grounds (c) (failure to co-operate) and (d) (unsatisfactory conduct) under s30A(4). Given the duty to disclose, the OR's need to investigate and the aims of rehabilitation balanced against commercial morality, the court exercised its discretion to suspend the Relevant Period. The Time Summons was retrospectively granted. The suspension was set at one year and nine months starting 31 July 2021 to allow the OR to complete inquiries and protect...

Court Disposition

Time Summons granted retrospectively; objections under s30A(4)(c) and (d) established; Relevant Period suspended; bankruptcy extended; costs largely neutral between parties with OR costs payable from estate subject to assessment

Orders

  • Retrospectively abridge time for service and allow service of CCK-1 on 22 July 2021
  • Relevant Period for automatic discharge shall cease to run for one year and nine months commencing from 31 July 2021