RE HO YING PAT BOBBY

RE HO YING PAT BOBBY

The application for a stay was refused because section 6(7) of the Legal Practitioners' Ordinance causes the practising certificate to terminate on the grant of a Bankruptcy Order and a temporary stay would not reinstate it; courts do not grant general stays pending appeal that would prejudice creditors; the appellant lacked a real prospect of success; continuation of litigation by the bankrupt pending appeal is not permitted absent exceptional circumstances and indemnity.

Citation
RE HO YING PAT BOBBY
Parties
Judgment Debtor: HO YING PAT BOBBY; Judgment Creditor: OVERSEAS WAY (CHINA) LIMITED; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2010
Case Number
HCB1946/2009
Procedural Posture
Bankruptcy / Application for Stay of Bankruptcy Proceedings Pending Appeal (post Bankruptcy Order)
Outcome
Application for stay refused on any terms pending the appeal
Legal Topics
Stay of Proceedings, Practising Certificate Termination, Appeal Prospects, Continuation of Litigation by Bankrupt, Official Receiver Duties
Source Language
EN
Bankruptcy Civil Procedure Legal Practitioners Regulation Costs Stay of Proceedings Practising Certificate Termination Appeal Prospects Continuation of Litigation by Bankrupt +1 more

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Parties

HO YING PAT BOBBY

Judgment Debtor

OVERSEAS WAY (CHINA) LIMITED

Judgment Creditor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Application for Stay of Bankruptcy Proceedings Pending Appeal (post Bankruptcy Order)

Legal Issues

  1. 1 Whether to grant a temporary stay of bankruptcy proceedings pending an appeal
  2. 2 Whether a stay would permit restoration or reissuance of a practising certificate
  3. 3 Whether the proposed appeal has a real prospect of success

Ratio Decidendi

The application for a stay was refused because section 6(7) of the Legal Practitioners' Ordinance causes the practising certificate to terminate on the grant of a Bankruptcy Order and a temporary stay would not reinstate it; courts do not grant general stays pending appeal that would prejudice creditors; the appellant lacked a real prospect of success; continuation of litigation by the bankrupt pending appeal is not permitted absent exceptional circumstances and indemnity.

Court Disposition

Application for stay refused on any terms pending the appeal

Orders

  • Application for a stay of the bankruptcy proceedings refused
  • Judgment creditor's costs are costs in the bankruptcy; Official Receiver's costs assessed at HK$5,000 to be paid out of the assets of the bankrupt estate