RE YIU TIN CHEONG

RE YIU TIN CHEONG

On balance the Trustee proved the Bankrupt failed to cooperate (no supporting documents, unpaid estate, failure to file annual reports and prior conviction under s43A). Applying the established principles the Court exercised its discretion to suspend the automatic discharge to protect proper administration; suspension for 2.5 years until 9 June 2015 was appropriate. The Bankrupt was ordered to pay the Trustee's costs assessed at HKD 32,000.

Citation
RE YIU TIN CHEONG
Parties
Applicant: Joint and Several Trustees (Trustee); Respondent / Bankrupt: Mr. Yiu Tin Cheong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 May 2013
Case Number
HCB8992/2008
Procedural Posture
Bankruptcy / Application for Suspension of Automatic Discharge; Hearing and Decision
Outcome
Automatic discharge suspended and costs awarded to Trustee
Legal Topics
Automatic Discharge, Suspension of Discharge, Extension of Bankruptcy Period, Duty to Cooperate, Annual Reports, Costs Assessment
Source Language
EN
Bankruptcy Insolvency Civil Procedure Automatic Discharge Suspension of Discharge Extension of Bankruptcy Period Duty to Cooperate Annual Reports +1 more

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Parties

Joint and Several Trustees (Trustee)

Applicant

Mr. Yiu Tin Cheong

Respondent / Bankrupt

Procedural Posture

Bankruptcy / Application for Suspension of Automatic Discharge; Hearing and Decision

Legal Issues

  1. 1 Whether the Trustee proved that the Bankrupt failed to cooperate in administration of the estate
  2. 2 Whether the Court should exercise its discretion to suspend automatic discharge and for what duration
  3. 3 Whether the Bankrupt should be ordered to pay the Trustee's costs and in what amount

Ratio Decidendi

On balance the Trustee proved the Bankrupt failed to cooperate (no supporting documents, unpaid estate, failure to file annual reports and prior conviction under s43A). Applying the established principles the Court exercised its discretion to suspend the automatic discharge to protect proper administration; suspension for 2.5 years until 9 June 2015 was appropriate. The Bankrupt was ordered to pay the Trustee's costs assessed at HKD 32,000.

Court Disposition

Automatic discharge suspended and costs awarded to Trustee

Orders

  • Automatic discharge of the Bankrupt suspended for 2.5 years
  • Bankrupt to be discharged from 9 June 2015