RE LI SAU YING

RE LI SAU YING

An application to extend time to appeal a bankruptcy order is governed by s.100(4) of the Bankruptcy Ordinance and, because 'court' in that provision means the Court of First Instance sitting in its bankruptcy jurisdiction, such applications must be made in the bankruptcy court; Rule 204 does not apply to appeals where time is fixed by s.98(2), and the Court of Appeal should not exercise s.100(4) before an appeal exists.

Citation
RE LI SAU YING
Parties
Debtor/bankrupt/applicant: Li Sau Ying; Petitioner/creditor: The Bank of China (Hong Kong) Limited; Official Receiver/respondent: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2007
Case Number
HCMP2384/2007
Procedural Posture
Bankruptcy (appeal) / Application for Extension of Time to Appeal in Court of Appeal (chambers Hearing)
Outcome
No order made on the application in the Court of Appeal; applicant ordered to apply to the Court of First Instance in its bankruptcy jurisdiction; costs to be costs in the cause with Official Receiver's gross costs of $4,500 considered reasonable and petitioner's costs to be taxed if not agreed.
Legal Topics
Extension of Time, Jurisdiction of Appellate Court, Time Limits for Appeals, Bankruptcy Rules Applicability
Source Language
EN
Bankruptcy Civil Procedure Appeals Extension of Time Jurisdiction of Appellate Court Time Limits for Appeals Bankruptcy Rules Applicability

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Parties

Li Sau Ying

Debtor/bankrupt/applicant

The Bank of China (Hong Kong) Limited

Petitioner/creditor

Official Receiver

Official Receiver/respondent

Procedural Posture

Bankruptcy (appeal) / Application for Extension of Time to Appeal in Court of Appeal (chambers Hearing)

Legal Issues

  1. 1 Whether Bankruptcy Rule 204 applies to applications to extend time to appeal a bankruptcy order
  2. 2 Whether the Court of Appeal can exercise the power in s.100(4) of the Bankruptcy Ordinance before an appeal has been brought
  3. 3 Which forum must entertain an application to extend time to appeal under the Bankruptcy Ordinance

Ratio Decidendi

An application to extend time to appeal a bankruptcy order is governed by s.100(4) of the Bankruptcy Ordinance and, because 'court' in that provision means the Court of First Instance sitting in its bankruptcy jurisdiction, such applications must be made in the bankruptcy court; Rule 204 does not apply to appeals where time is fixed by s.98(2), and the Court of Appeal should not exercise s.100(4) before an appeal exists.

Court Disposition

No order made on the application in the Court of Appeal; applicant ordered to apply to the Court of First Instance in its bankruptcy jurisdiction; costs to be costs in the cause with Official Receiver's gross costs of $4,500 considered reasonable and petitioner's costs to be taxed if not agreed.

Orders

  • No order made on the application in these proceedings.
  • Applicant to, within 7 days, make an application to the Court of First Instance sitting in its bankruptcy jurisdiction to extend time for appealing.