Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non‑commencement order (nco)
  • 23 Jun 2021

    RE JAMES HENRY TING

    Citation
    [2021] HKCFI 1704
    Court
    Court of First Instance
    Case number
    HCB7809/2012

    The annulment application failed because the Bankrupt bore the burden to prove that the bankruptcy order ought not to have been made and produced no evidence; his solicitors had conceded service of the petition and he provided no explanation for absence at trial so domicile and service challenges failed. The Trustees established the statutory preconditions for an NCO and, given the Bankrupt's deliberate non‑cooperation and concealment, the court exercised its discretion to extend time under s30AB(3) and s100(4) BO and granted the NCO.