RE TONG WAI TAK

RE TONG WAI TAK

The debtor failed to demonstrate any arguable grounds of appeal or provide evidentiary support for the asserted grounds; therefore a stay under s.104 is not justified and the application to amend the stay summons is unnecessary; the stay summons and amendment summons are dismissed.

Citation
[2023] HKCFI 1522
Parties
Debtor / Applicant (stay Summons): Tong Wai Tak; Petitioner: The Incorporated Owners of Morning Ray Mansion; Trustee: Trustee; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 2023
Case Number
HCB3621/2022
Procedural Posture
Bankruptcy / Application for Stay of Execution Pending Appeal Following Bankruptcy Order
Outcome
Stay summons dismissed; summons to amend dismissed; costs order nisi that there be no order as to costs in respect of both summonses
Legal Topics
Stay of Execution, Bankruptcy Order, Grounds of Appeal, Amendment of Originating Process, Costs
Source Language
EN
Bankruptcy Civil Procedure Appeals Stay of Execution Bankruptcy Order Grounds of Appeal Amendment of Originating Process Costs

Case Brief

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Parties

Tong Wai Tak

Debtor / Applicant (stay Summons)

The Incorporated Owners of Morning Ray Mansion

Petitioner

Trustee

Trustee

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Application for Stay of Execution Pending Appeal Following Bankruptcy Order

Legal Issues

  1. 1 Whether the debtor has shown an arguable appeal sufficient to justify a stay of a bankruptcy order under s.104 of the Bankruptcy Ordinance
  2. 2 Whether amendment of the stay summons is necessary for fair disposal
  3. 3 Appropriate costs order given the parties' attendance

Ratio Decidendi

The debtor failed to demonstrate any arguable grounds of appeal or provide evidentiary support for the asserted grounds; therefore a stay under s.104 is not justified and the application to amend the stay summons is unnecessary; the stay summons and amendment summons are dismissed.

Court Disposition

Stay summons dismissed; summons to amend dismissed; costs order nisi that there be no order as to costs in respect of both summonses

Orders

  • Stay summons dismissed
  • Summons to amend the Stay Summons dismissed