RE JAMES HENRY TING

RE JAMES HENRY TING

Because the question of domicile was central and turned on the debtor's subjective intention, which could not satisfactorily be resolved on affidavit evidence alone, the court must order the debtor to attend for cross‑examination and, if he fails to attend, his affidavit evidence will be excluded absent the court's...

Source-derived case information.

Citation
RE JAMES HENRY TING
Parties
Petitioner: Akai Holdings Limited; Debtor: James Henry Ting
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 2013
Case Number
HCB7809/2012
Procedural Posture
Bankruptcy Proceedings / Interlocutory Application for Order to Attend and Be Cross Examined Prior to Substantive Hearing
Outcome
Order granted requiring the debtor to attend the substantive hearing and be cross‑examined; affidavits filed by him to be excluded if he fails to attend without leave of the court.
Legal Topics
Domicile, Jurisdiction, Cross Examination, Use of Affidavit Evidence, Statutory Conditions for Bankruptcy Petitions
Source Language
en
Bankruptcy Law Civil Procedure Private International Law (domicile) Evidence Law Domicile Jurisdiction Cross Examination Use of Affidavit Evidence +1 more

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Parties

Akai Holdings Limited

Petitioner

James Henry Ting

Debtor

Procedural Posture

Bankruptcy Proceedings / Interlocutory Application for Order to Attend and Be Cross Examined Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the debtor is domiciled in Hong Kong for purposes of presenting a bankruptcy petition under s4 of the Bankruptcy Ordinance (Cap 6)
  2. 2 Whether the debtor carried on business in Hong Kong within the 3 years preceding presentation of the petition
  3. 3 Whether the court should order the debtor to attend for cross-examination and exclude his affidavits if he fails to attend

Ratio Decidendi

Because the question of domicile was central and turned on the debtor's subjective intention, which could not satisfactorily be resolved on affidavit evidence alone, the court must order the debtor to attend for cross‑examination and, if he fails to attend, his affidavit evidence will be excluded absent the court's leave.

Court Disposition

Order granted requiring the debtor to attend the substantive hearing and be cross‑examined; affidavits filed by him to be excluded if he fails to attend without leave of the court.

Orders

  • The debtor, James Henry Ting, is ordered to attend the substantive hearing of the petition and to submit to cross‑examination on his evidence; if he fails to attend, no affidavit evidence filed by him shall be used at the hearing without leave of the Court.