FRED LEE AND ANOTHER v. WOO WOON LING CHRISTINA

FRED LEE AND ANOTHER v. WOO WOON LING CHRISTINA

Master Levy held that the trustee proved the relevant grounds: the bankrupt failed to cooperate and failed to submit annual reports in time, constituting unsatisfactory conduct; accordingly the automatic discharge was suspended for two years commencing 2 July 2007 and costs of the application were ordered against...

Source-derived case information.

Citation
FRED LEE AND ANOTHER v. WOO WOON LING CHRISTINA
Parties
Applicant: FRED LEE; Applicant/trustee: CHOW WAI LAN, CHRISTINE, trustee of the property of WOO WOON LING CHRISTINA; Respondent/bankrupt: WOO WOON LING CHRISTINA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 2008
Case Number
HCB9036/2003
Procedural Posture
Bankruptcy Proceedings / Hearing on Trustee's Application to Object to Automatic Discharge Under Section 30 a (application Heard 4 June 2008)
Outcome
Application allowed in part; automatic discharge suspended for two years from 2 July 2007; costs ordered against the bankrupt with specified exceptions.
Legal Topics
Automatic Discharge, Trustee Objection, Non Cooperation, Annual Reports, Costs
Source Language
en
Bankruptcy Insolvency Civil Procedure Automatic Discharge Trustee Objection Non Cooperation Annual Reports Costs

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Parties

FRED LEE

Applicant

CHOW WAI LAN, CHRISTINE, trustee of the property of WOO WOON LING CHRISTINA

Applicant/trustee

WOO WOON LING CHRISTINA

Respondent/bankrupt

Procedural Posture

Bankruptcy Proceedings / Hearing on Trustee's Application to Object to Automatic Discharge Under Section 30 a (application Heard 4 June 2008)

Legal Issues

  1. 1 Whether the trustee established grounds under s.30A to object to the bankrupt's automatic discharge
  2. 2 Whether the bankrupt's conduct amounted to unsatisfactory conduct warranting suspension of discharge
  3. 3 Appropriate length of suspension and allocation of costs

Ratio Decidendi

Master Levy held that the trustee proved the relevant grounds: the bankrupt failed to cooperate and failed to submit annual reports in time, constituting unsatisfactory conduct; accordingly the automatic discharge was suspended for two years commencing 2 July 2007 and costs of the application were ordered against the bankrupt subject to specified no‑order exceptions.

Court Disposition

Application allowed in part; automatic discharge suspended for two years from 2 July 2007; costs ordered against the bankrupt with specified exceptions.

Orders

  • Automatic discharge of the bankrupt is suspended for a period of 2 years commencing from 2 July 2007.
  • The costs of this application shall be borne by the bankrupt, to be taxed if not agreed.