Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Nominees' duties

Legal area

Court

9 Jun 2011

RE CHIN WAI KAY GEORDIE

Citation

RE CHIN WAI KAY GEORDIE
Court

Court of First Instance
Case number

HCB7469/2010

The court found on the evidence that the debtor supplied statements of affairs and related documents that were false or misleading in material particulars and/or contained material omissions within the meaning of section 20L; because the current petition was properly presented under section 3(1)(c) thereby engaging section 20L, and weighing the exercise of discretion, the court made a bankruptcy order against the debtor and ordered costs to the petitioner; a short stay of 14 days was granted for any stay application.
11 Jun 2010

RE CHIN WAI KAY GEORDIE

Citation

RE CHIN WAI KAY GEORDIE
Court

Court of First Instance
Case number

HCBI1396/2008

The court concluded that the debtor had committed irregularities by failing to disclose creditors, assets and an associate (Cheery) and by omitting liabilities arising after the petition, but the irregularities were not shown to be material in the sense that they would probably have altered the meeting's outcome; section 20L might have justified a bankruptcy order but no s3(1)(c) petition was presented, therefore the application under s20J failed and the court could not make a bankruptcy order.