Hong Kong Case Law: Decisions & Judgments

Topic

Interim order

Legal area

Court

20 Apr 2022

RE CHUI TAK KEUNG DUNCAN

Citation

[2022] HKCFI 1146
Court

Court of First Instance
Case number

HCB1153/2022

The petition was demurrable and dismissed because the 3rd Interim Order remained in force at the time of presentation and s.20(2)(a) of the Bankruptcy Ordinance bars the presentation of any bankruptcy petition while an interim order is effective; the petitioner had no right to present the petition and should pursue variation of the interim order or await the outcome of the pending s.20J application.
27 Sept 2012

RE CHOW PING MAN

Citation

RE CHOW PING MAN
Court

Court of First Instance
Case number

HCBI141/2012

The court held that a Master does have power under section 20D(3) to continue or renew an interim order, but that the statutory condition and policy considerations mean the power cannot be used to re-open a proposal already considered and rejected where there is no nominee report and where delay has defeated the expedition required by the IVA regime; on the facts (two creditor rejections, no nominee opinion and lapse of time beyond 14 days) the Master's dismissal and discharge of the interim order was correct and the appeal is dismissed.
2 May 2012

WONG CHING LING 對 KHAN DAWOOD

Citation

WONG CHING LING 對 KHAN DAWOOD
Court

Lands Tribunal
Case number

LDPD317/2012

Tribunal accepted the respondent's payment records over the applicant's ledger, found the respondent had paid rent up to 29 February 2012, concluded the earlier Tribunal order of 12 March 2012 was based on incorrect facts and lacked foundation, and therefore allowed the review, stayed the earlier order and revoked the applicant's possession and rent recovery application.
14 Mar 2012

CHIN WAI KAY GEORDIE v. MOK YU HON

Citation

CHIN WAI KAY GEORDIE v. MOK YU HON
Court

Court of Appeal
Case number

CACV118/2011

Materiality for section 20L is to be judged by reference to the whole IVA process (including information supplied to the nominee and to the court when seeking interim orders) so that a bankruptcy order may be made if information was false or misleading in a material particular or contained material omissions at any stage; a decision under section 20J does not preclude a subsequent section 20L petition and the judge properly exercised his discretion to make the bankruptcy order despite delay in the circumstances of this case.
6 Oct 2009

RE FAN CHI WING

Citation

RE FAN CHI WING
Court

Court of First Instance
Case number

HCBI37/2009

The court found the debtor had made full and frank disclosure material to creditors, the nominee had taken reasonable and proportionate steps to verify the key matters (assets/liabilities, implementation prospects, and fairness of voting/valuation) and the Amended Proposal was sufficiently serious and viable to warrant giving creditors the opportunity to vote; accordingly the court exercised its discretion to make an interim order to convene a creditors' meeting and extended the interim order to seven days after that meeting.
13 Nov 2007

FRED LEE v. PANG LAI FAI WILLY

Citation

FRED LEE v. PANG LAI FAI WILLY
Court

Court of First Instance
Case number

HCB9850/2002

The trustee failed to carry out proper or reasonable investigations before applying to object to the bankrupt's discharge, thereby failing his quasi-judicial/public duty; on that basis the court refused to vary the earlier order and disallowed the trustee's costs from the bankrupt's estate on a global basis.
4 Mar 2002

RE CHAN YUK CHARM

Citation

RE CHAN YUK CHARM
Court

Court of First Instance
Case number

HCB7939/2001

Because the debt was undisputed, statutory demand and substituted service were proved, a supporting judgment creditor existed with a larger debt, and the debtor failed to apply for interim relief and did not appear, the court was justified in making a bankruptcy order with costs to the petitioner.
30 Jul 2001

Re: CHAN TIN CHI, a Debtor and Ex-parte: THE NATIONAL COMMERCIAL BANK LTD., HONG KONG BRANCH, a Judgment Creditor

Citation

Re: CHAN TIN CHI, a Debtor and Ex-parte: THE NATIONAL COMMERCIAL BANK LTD., HONG KONG BRANCH, a Judgment Creditor
Court

Court of First Instance
Case number

HCB2780/2001

Proper substituted service was effected, the debtor had notice yet failed to file an affirmation with particularised grounds or admissible evidence to oppose the petition, the IVA proposal was inadequately supported and lacked creditor support representing the majority of the debt; therefore the court was obliged to make a bankruptcy order and award costs to the petitioner.
19 Apr 2001

HEALTHY WHARF LTD. v. LEUNG YAT TUNG

Citation

HEALTHY WHARF LTD. v. LEUNG YAT TUNG
Court

Court of Appeal
Case number

CACV408/2001

The court dismissed the appeal and affirmed the bankruptcy order because the nominees had not conducted adequate investigations nor verified the debtor's statements (assets, dispositions into trusts, and liabilities); the debtor's disclosure was misleading and incomplete; material issues (possible voidable transfers under s49 and actual beneficial interest in trusts) required inquiry; and the proposal failed to specify timing of dividends rendering it not a sufficiently serious or viable proposal for the court to be satisfied that a creditors meeting should be summoned.
1 Mar 2001

HEALTHY WHARF LTD. v. LEUNG YAT TUNG

Citation

HEALTHY WHARF LTD. v. LEUNG YAT TUNG
Court

Court of First Instance
Case number

HCB2019/2000

The court refused to make an interim order and made a bankruptcy order because the debtor failed to provide full and frank disclosure (notably materially overstating unsecured liabilities by omitting securities and late/ad hoc disclosures), the intended nominees did not discharge independent duties to verify and present a complete picture, and on that basis the proposal was not serious or viable to justify a moratorium.