RE: CHOY BING WING

RE: CHOY BING WING

The appeal was dismissed because the master acted within his authority in adjourning the petition, striking out scandalous portions of the debtor's affirmation and referring the matter to the Department of Justice; the recusal application lacked any factual basis; and costs were properly ordered against the debtor and summarily assessed.

Citation
RE: CHOY BING WING
Parties
Debtor: CHOY BING WING; Petitioner: Director of Housing Department of the Government of the Hong Kong Special Administrative Region; Interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 December 2009
Case Number
HCB12343/2009
Procedural Posture
Bankruptcy Petition / Appeal Against Master's Order in Court of First Instance
Outcome
Appeal dismissed
Legal Topics
Petition to Withdraw, Costs Assessment, Recusal, Striking Out Scandalous Material, Referral to Department of Justice
Source Language
EN
Bankruptcy Civil Procedure Contempt of Court Petition to Withdraw Costs Assessment Recusal Striking Out Scandalous Material Referral to Department of Justice

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Parties

CHOY BING WING

Debtor

Director of Housing Department of the Government of the Hong Kong Special Administrative Region

Petitioner

Official Receiver

Interested Party

Procedural Posture

Bankruptcy Petition / Appeal Against Master's Order in Court of First Instance

Legal Issues

  1. 1 Whether the master's adjournment of the petition hearing was proper
  2. 2 Whether the master correctly struck out scandalous parts of the debtor's affirmation
  3. 3 Whether referral to the Department of Justice for possible contempt was proper

Ratio Decidendi

The appeal was dismissed because the master acted within his authority in adjourning the petition, striking out scandalous portions of the debtor's affirmation and referring the matter to the Department of Justice; the recusal application lacked any factual basis; and costs were properly ordered against the debtor and summarily assessed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The parts of the debtor's affirmation containing scandalous remarks are struck out.