RE KOK HIU PAN

RE KOK HIU PAN

Petitioner failed to prove any of the jurisdictional bases in s4(1). The court found the debtor did not spend a sufficiently substantial proportion of time in Hong Kong to be 'ordinarily resident' and that he was an employee acting as a nominated director, not someone conducting his own business; accordingly the court lacked jurisdiction and the petition was dismissed.

Citation
RE KOK HIU PAN
Parties
Petitioner/creditor: Wing Lung Bank Limited; Debtor: Kok Hiu Pan; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 May 2002
Case Number
HCB5332/2000
Procedural Posture
Bankruptcy Petition / Hearing and Judgment (petition Dismissed)
Outcome
petition dismissed for want of jurisdiction
Legal Topics
Ordinary Residence, Bankruptcy Jurisdiction, Carrying on Business, Statutory Demand, Personal Guarantee
Source Language
EN
Bankruptcy Insolvency Civil Procedure Company Law Ordinary Residence Bankruptcy Jurisdiction Carrying on Business Statutory Demand +1 more

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 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Wing Lung Bank Limited

Petitioner/creditor

Kok Hiu Pan

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Judgment (petition Dismissed)

Legal Issues

  1. 1 Whether the debtor was ordinarily resident in Hong Kong within the three years before presentation of the petition under s4(1)(c)(i) of the Bankruptcy Ordinance
  2. 2 Whether the debtor carried on business in Hong Kong within the three years before presentation of the petition under s4(1)(c)(ii) of the Bankruptcy Ordinance
  3. 3 Whether jurisdiction exists to present a bankruptcy petition where s4(1) requirements are not established

Ratio Decidendi

Petitioner failed to prove any of the jurisdictional bases in s4(1). The court found the debtor did not spend a sufficiently substantial proportion of time in Hong Kong to be 'ordinarily resident' and that he was an employee acting as a nominated director, not someone conducting his own business; accordingly the court lacked jurisdiction and the petition was dismissed.

Court Disposition

petition dismissed for want of jurisdiction

Orders

  • Petition dismissed
  • Order nisi that petitioner pay debtor's costs