18 Dec 2024
V CAPITAL LIMITED v. MARGARET CHIU
- Citation
- [2024] HKCFA 31
- Court
- Court of Final Appeal
- Case number
- FACV5/2024
O.49B r.1B(1)(c) is properly characterised as part of the execution and enforcement process for a judgment debt and therefore constitutes a remedy against the person of a bankrupt in respect of the debt and falls within "other legal proceedings" in BO s.12; consequently leave under BO s.12 was required before a Master could order imprisonment of an adjudicated bankrupt under that rule, and absent such leave the Master lacked jurisdiction so the imprisonment order was set aside and the appeal dismissed.