Hong Kong Case Law: Decisions & Judgments

Topic

Bankruptcy discharge

Legal area

Court

6 Sept 2023

RE STANLEY CHANG t/a HONG KONG INSTECH TRADING CO

Citation

[2023] HKCA 1029
Court

Court of Appeal
Case number

CACV542/2021

The court granted an order for security for costs in the sum of HKD120,000 because the appellant failed to demonstrate available assets (the Property’s beneficial ownership was disputed and could not be treated as available enforcement fund) and the merits of the appeal did not clearly outweigh the justification for security; accordingly security was required as a condition for continuing the appeal.
24 Dec 2014

柯 v. 龔

Citation

柯 v. 龔
Court

Family Court
Case number

FCMC12807/2013

The summons for disclosure was dismissed because the petitioner failed to establish a prima facie case that the respondent had concealed the HK$515,835.41 or used it to acquire assets; the respondent's explanation that the sum was used to repay debts and the sworn statement of affairs filed in bankruptcy were not displaced by the petitioner's affidavit, so disclosure was not necessary for a fair trial.
28 Nov 2014

RE HO KAI WA, FRANCIS

Citation

RE HO KAI WA, FRANCIS
Court

Court of First Instance
Case number

HCB1480/2014

Substituted service of the statutory demand and the petition by advertisement and ordinary post was reasonable and valid in the circumstances; the debtor was domiciled/ordinarily resident in Hong Kong and his presence for part of the day satisfied s 4(1)(b) so presentation requirements were met; the costs order was made after the earlier bankruptcy discharge and therefore is not provable as a debt of that earlier bankruptcy; accordingly the bankruptcy petition succeeds and a bankruptcy order with costs is made against the debtor.
17 Feb 2012

MENNO LEENDERT VOS v. GLOBAL FAIR INDUSTRIAL LTD AND OTHERS

Citation

MENNO LEENDERT VOS v. GLOBAL FAIR INDUSTRIAL LTD AND OTHERS
Court

Court of Appeal
Case number

CACV282/2009

Because the 7th defendant had not set aside the default judgment she had no locus standi to prosecute an appeal; accordingly the notice of appeal was struck out and the 7th defendant ordered to pay the plaintiff's costs of the application, coupled with the plaintiff's undertaking not to enforce the judgment against her given bankruptcy considerations.
19 Apr 2010

RE NG SHIU FAN

Citation

RE NG SHIU FAN
Court

Court of Appeal
Case number

CACV298/2008

The court applied the rule in Ex parte James and held that benefits attributable to the applicant's service and contributions after his automatic discharge did not vest in the Official Receiver; the Official Receiver is entitled only to the benefits accrued up to the date of discharge (HK$1,970,506.02).

Hong Kong Case Law

RE STANLEY CHANG t/a HONG KONG INSTECH TRADING CO

柯 v. 龔

RE HO KAI WA, FRANCIS

MENNO LEENDERT VOS v. GLOBAL FAIR INDUSTRIAL LTD AND OTHERS

RE NG SHIU FAN