Hong Kong Case Law: Decisions & Judgments

Topic

Setting aside bankruptcy order

Legal area

Court

18 Feb 2025

律政司司長訴華德剛

Citation

[2025] HKCFI 724
Court

Court of First Instance
Case number

HCB1174/2023

The application for extension was refused because the applicant's delay of over seven months was excessive and unexplained, the proposed appeal had no real prospect of success (medical evidence did not justify non‑attendance and the debt was undisputed), and granting an extension would unfairly prejudice the creditor; on this basis the court declined to exercise its discretion to extend time.
27 Jun 2006

RE VINCENT KAY LO IP

Citation

RE VINCENT KAY LO IP
Court

Court of Appeal
Case number

CACV117/2006

The Court found the solicitors' letters were disclosed after the Bankruptcy Order to the Official Receiver to verify costs, so no pre-order breach of confidentiality occurred; the bankrupt was represented and the court properly dispensed with service and recorded that solicitors would not oppose the Order; consequently the application to set aside the Bankruptcy Order was without merit and the appeal is dismissed.
22 Dec 2004

RE CHOI WING CHEONG

Citation

RE CHOI WING CHEONG
Court

Court of First Instance
Case number

HCB16148/2003

The Bankruptcy Order was not annulled because the petitioner’s estimate under section 6B was a bona fide attempt and evidence indicated the charged securities were likely negligible; the debtor failed to establish a substantial or bona fide defence or counterclaim and did not provide a plausible explanation for non-appearance; therefore the exceptional discretion to set aside the order should not be exercised.

Hong Kong Case Law

律政司司長 訴 華德剛

RE VINCENT KAY LO IP

RE CHOI WING CHEONG

律政司司長訴華德剛