RE TAM WAI YIU

RE TAM WAI YIU

Self-petitions presented by debtors who do not intend to seek a bankruptcy order and who use the petition solely to obtain a moratorium or to negotiate with creditors constitute an abuse of process and should be dismissed; adjournments will not be granted merely to permit negotiation and the Official Receiver's costs are recoverable from the deposit.

Citation
[2021] HKCFI 3732
Parties
Debtor/petitioner: So Tsz Man; Debtor/petitioner: Lee Wing; Debtor/petitioner: Tam Wai Yiu; Debtor/petitioner: Qiu Wenjun; Official Receiver/respondent: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2021
Case Number
HCB7569/2020
Procedural Posture
Bankruptcy (debtor's Petitions Under S.10 Bo) / Hearing and Reasons for Judgment (petitions Dismissed)
Outcome
All debtor self-petitions dismissed as abuse of process
Legal Topics
Self Petition, Abuse of Process, Adjournment for Negotiation, Costs to Official Receiver
Source Language
EN
Bankruptcy Law Civil Procedure Insolvency Procedure Self Petition Abuse of Process Adjournment for Negotiation Costs to Official Receiver

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Parties

So Tsz Man

Debtor/petitioner

Lee Wing

Debtor/petitioner

Tam Wai Yiu

Debtor/petitioner

Qiu Wenjun

Debtor/petitioner

Official Receiver

Official Receiver/respondent

Procedural Posture

Bankruptcy (debtor's Petitions Under S.10 Bo) / Hearing and Reasons for Judgment (petitions Dismissed)

Legal Issues

  1. 1 Whether presenting self-petitions to obtain a moratorium and to negotiate with creditors constitutes an abuse of process
  2. 2 Whether petitions should be dismissed for want of prosecution when debtors do not attend or do not intend to seek a bankruptcy order
  3. 3 Whether adjournments should be granted to allow debtors to negotiate with creditors

Ratio Decidendi

Self-petitions presented by debtors who do not intend to seek a bankruptcy order and who use the petition solely to obtain a moratorium or to negotiate with creditors constitute an abuse of process and should be dismissed; adjournments will not be granted merely to permit negotiation and the Official Receiver's costs are recoverable from the deposit.

Court Disposition

All debtor self-petitions dismissed as abuse of process

Orders

  • Each petition dismissed for abuse of process and/or want of prosecution
  • Official Receiver's costs in the amount of HKD 5300 to be deducted from each debtor's deposit