RE CHIN WAI KAY GEODIE

RE CHIN WAI KAY GEODIE

The court found the Bankrupt had engaged in unsatisfactory conduct (omissions in statement of affairs, delays in filing statements, failure to co-operate and evasive disclosure) and that discharge would prejudice administration; exercising its discretion under s30A(3) the court suspended the automatic discharge for 18 months from 8 June 2015 and ordered costs to follow the event (order nisi).

Citation
RE CHIN WAI KAY GEODIE
Parties
Trustee: Trustee (sole Trustee); Bankrupt: Chin Wai Kay Geodie (Bankrupt)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 January 2016
Case Number
HCB7469/2010
Procedural Posture
Bankruptcy / Application to Object to Automatic Discharge Under Section 30 A(3) of the Bankruptcy Ordinance; Hearing and Decision
Outcome
Automatic discharge suspended for 18 months from 8 June 2015; costs ordered to follow the event (order nisi).
Legal Topics
Automatic Discharge of Bankrupt, Unsatisfactory Conduct, Cooperation With Trustee, Suspension of Discharge Period, Statement of Affairs, Income Payment Orders, Trusts and Recovery of Assets
Source Language
EN
Bankruptcy Insolvency Commercial Law Civil Procedure Automatic Discharge of Bankrupt Unsatisfactory Conduct Cooperation With Trustee Suspension of Discharge Period +3 more

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Parties

Trustee (sole Trustee)

Trustee

Chin Wai Kay Geodie (Bankrupt)

Bankrupt

Procedural Posture

Bankruptcy / Application to Object to Automatic Discharge Under Section 30 A(3) of the Bankruptcy Ordinance; Hearing and Decision

Legal Issues

  1. 1 Whether the bankrupt's conduct is unsatisfactory under section 30A(4)(d) BO
  2. 2 Whether discharge would prejudice administration of the estate under section 30A(4)(b) BO
  3. 3 Whether the bankrupt failed to co-operate with the trustee under section 30A(4)(c) BO

Ratio Decidendi

The court found the Bankrupt had engaged in unsatisfactory conduct (omissions in statement of affairs, delays in filing statements, failure to co-operate and evasive disclosure) and that discharge would prejudice administration; exercising its discretion under s30A(3) the court suspended the automatic discharge for 18 months from 8 June 2015 and ordered costs to follow the event (order nisi).

Court Disposition

Automatic discharge suspended for 18 months from 8 June 2015; costs ordered to follow the event (order nisi).

Orders

  • Automatic discharge of the Bankrupt suspended for 18 months from 8 June 2015
  • The relevant period under section 30A(3) of the Bankruptcy Ordinance shall cease to run for 18 months from 8 June 2015