破產管理署署長暨受托人 對 劉美施

破產管理署署長暨受托人 對 劉美施

The facts that the Official Receiver required attendance and information and that the bankrupt failed to attend or provide the required information were uncontested, satisfying s30AB(1)(a),(b) and (c); the bankrupt's claim that the application was out of time was a misreading of s30AB(2); the bankrupt did not show sufficient cause not to make the order, therefore the court granted the non-initiation order under s30AC(1).

Citation
[2023] HKCFI 2003
Parties
Applicant/trustee: Official Receiver and Trustee (破產管理署署長暨受托人); Respondent/bankrupt: LAU MEI SZE CINDERELLA (劉美施)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 2023
Case Number
HCB3249/2022
Procedural Posture
Bankruptcy / Application for Non Initiation Order Under Ss30 Ab/30 AC Substantive Hearing
Outcome
Non-initiation order granted
Legal Topics
Non Initiation Order, Duty to Provide Information to Trustee, Trustee Powers, Time Limits Under S30 AB
Source Language
CH
Bankruptcy Civil Procedure Non Initiation Order Duty to Provide Information to Trustee Trustee Powers Time Limits Under S30 AB

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Official Receiver and Trustee (破產管理署署長暨受托人)

Applicant/trustee

LAU MEI SZE CINDERELLA (劉美施)

Respondent/bankrupt

Procedural Posture

Bankruptcy / Application for Non Initiation Order Under Ss30 Ab/30 AC Substantive Hearing

Legal Issues

  1. 1 Whether the trustee satisfied the requirements of s30AB(1)(a),(b) and (c) of the Bankruptcy Ordinance
  2. 2 Whether the trustee's application was made within the period allowed by s30AB(2)
  3. 3 Whether the bankrupt has shown sufficient cause why a non-initiation order should not be made

Ratio Decidendi

The facts that the Official Receiver required attendance and information and that the bankrupt failed to attend or provide the required information were uncontested, satisfying s30AB(1)(a),(b) and (c); the bankrupt's claim that the application was out of time was a misreading of s30AB(2); the bankrupt did not show sufficient cause not to make the order, therefore the court granted the non-initiation order under s30AC(1).

Court Disposition

Non-initiation order granted

Orders

  • Non-initiation order made against the bankrupt under ss30AB and 30AC of the Bankruptcy Ordinance in the form of the Official Receiver's draft