RE CHEUNG SIU KIN

RE CHEUNG SIU KIN

On the balance of probabilities the bankrupt failed to cooperate by not providing timely or adequate annual statements, failing to provide account details, obstructing interviews and not explaining significant withdrawals; these failures and ongoing investigations justified exercising the court's discretion to suspend automatic discharge for a fixed period, here four years, to allow further investigation and recovery.

Citation
RE CHEUNG SIU KIN
Parties
Bankrupt: Cheung Siu Kin; Petitioner/creditor: Quam Securities Company Limited; Joint and Several Trustee: Osman Mohammed Arab
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2013
Case Number
HCB7320/2008
Procedural Posture
Bankruptcy / Hearing on Trustee's Application Under Section 30 A(3) to Suspend Automatic Discharge
Outcome
Application granted in part; automatic discharge suspended for four years; costs ordered against the bankrupt
Legal Topics
Automatic Discharge Suspension, Trustee Investigation, Non Cooperation by Bankrupt, Annual Statements, Examination of Bankrupt, Estate Administration
Source Language
EN
Bankruptcy Insolvency Civil Procedure Automatic Discharge Suspension Trustee Investigation Non Cooperation by Bankrupt Annual Statements Examination of Bankrupt +1 more

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Parties

Cheung Siu Kin

Bankrupt

Quam Securities Company Limited

Petitioner/creditor

Osman Mohammed Arab

Joint and Several Trustee

Procedural Posture

Bankruptcy / Hearing on Trustee's Application Under Section 30 A(3) to Suspend Automatic Discharge

Legal Issues

  1. 1 Whether the automatic discharge of the bankrupt should be suspended under section 30A(3) of the Bankruptcy Ordinance due to non-cooperation and unsatisfactory conduct
  2. 2 Whether the bankrupt failed to provide annual statements and account details and to attend necessary interviews
  3. 3 Whether further investigation and recovery steps remain such that discharge should be delayed

Ratio Decidendi

On the balance of probabilities the bankrupt failed to cooperate by not providing timely or adequate annual statements, failing to provide account details, obstructing interviews and not explaining significant withdrawals; these failures and ongoing investigations justified exercising the court's discretion to suspend automatic discharge for a fixed period, here four years, to allow further investigation and recovery.

Court Disposition

Application granted in part; automatic discharge suspended for four years; costs ordered against the bankrupt

Orders

  • The suspension of automatic discharge shall cease to run until 25 November 2016
  • Order nisi that the Bankrupt shall bear the Trustee's costs in relation to the application and the hearing on 24 April 2013, including all costs reserved, to be taxed if not agreed; order to become absolute within 14 days if not challenged