8 Dec 2023
V CAPITAL LTD v. MARGARET CHIU
- Citation
- [2023] HKCA 1307
- Court
- Court of Appeal
- Case number
- CACV497/2021
An application for the imprisonment of a judgment debtor under Order 49B r1B(1)(c) is a remedy against the person of the bankrupt in respect of the judgment debt and also constitutes "other legal proceedings" within s12(1) of the Bankruptcy Ordinance; therefore, after adjudication in bankruptcy the creditor required leave of the court to continue the committal application. The Master had no power to make the imprisonment order in the absence of such leave. The Court of Appeal declined to grant retrospective leave on the material before it and set aside the committal order.