IN RE BOON VOON KING and Others

IN RE BOON VOON KING and Others

Practice Direction 4.1 continues to apply to the new Bankruptcy forms introduced on 1 April 1998; however, the court is not rigidly bound to require an affidavit of continuing debt at every hearing — the court may be satisfied by the petition and supporting affidavit, may require further evidence, may accept undertakings to file affidavits, and may in appropriate cases adopt alternative practical measures to verify that the debt remains due.

Citation
IN RE BOON VOON KING and Others
Parties
Petitioner: Nedcor Asia Limited; Debtor: Boon Voon King; Debtor: Wan Siu Yuk; Debtor: Chan Wai Hing; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 1998
Case Number
HCB632/1998
Procedural Posture
Bankruptcy / Post Hearing Judgment
Outcome
Bankruptcy orders were made on the three petitions
Legal Topics
Practice Directions, Affidavit of Continuing Debt, Petition Verification, Corporate Authority to Litigate
Source Language
EN
Bankruptcy Insolvency Civil Procedure Practice Directions Affidavit of Continuing Debt Petition Verification Corporate Authority to Litigate

Case Brief

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Parties

Nedcor Asia Limited

Petitioner

Boon Voon King

Debtor

Wan Siu Yuk

Debtor

Chan Wai Hing

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Post Hearing Judgment

Legal Issues

  1. 1 Whether Practice Direction 4.1 continues to apply to the new Bankruptcy Forms introduced by the Bankruptcy (Amendment) Ordinance 1998
  2. 2 Whether an affidavit of continuing debt must be filed at the hearing to prove that the debt has neither been paid, secured nor compounded immediately before the hearing

Ratio Decidendi

Practice Direction 4.1 continues to apply to the new Bankruptcy forms introduced on 1 April 1998; however, the court is not rigidly bound to require an affidavit of continuing debt at every hearing — the court may be satisfied by the petition and supporting affidavit, may require further evidence, may accept undertakings to file affidavits, and may in appropriate cases adopt alternative practical measures to verify that the debt remains due.

Court Disposition

Bankruptcy orders were made on the three petitions

Orders

  • Bankruptcy orders made in HCB632, HCB633 and HCB634 of 1998