Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unsatisfactory conduct

  • 11 Dec 2024

    RE LI XIAOMING

    Citation
    [2024] HKCFI 3534
    Court
    Court of First Instance
    Case number
    HCB6083/2018

    The court found on the balance of admissible evidence that the Bankrupt engaged in unsatisfactory and obstructive conduct and failed to make full and frank disclosure (including failure to surrender share certificates, late/insufficient Annual Statements and piecemeal responses), such that discharge would prejudice administration. Applying the two-stage test under s30A, the statutory grounds were established and the court exercised its discretion to suspend the automatic discharge for the statutory maximum period of four years; issues of admissibility and the Bankrupt's alleged mental ill‑hea…

  • 27 Jan 2016

    RE CHIN WAI KAY GEODIE

    Citation
    RE CHIN WAI KAY GEODIE
    Court
    Court of First Instance
    Case number
    HCB7469/2010

    The court found the Bankrupt had engaged in unsatisfactory conduct (omissions in statement of affairs, delays in filing statements, failure to co-operate and evasive disclosure) and that discharge would prejudice administration; exercising its discretion under s30A(3) the court suspended the automatic discharge for 18 months from 8 June 2015 and ordered costs to follow the event (order nisi).

  • 20 Mar 2009

    LAY MAN YEE, MARY v. FRED LEE

    Citation
    LAY MAN YEE, MARY v. FRED LEE
    Court
    Court of Appeal
    Case number
    CACV262/2008

    Kwan J's findings that the appellant engaged in misrepresentation and unsatisfactory conduct were supported by the evidence (loan application declarations, transactional records, travel patterns) and were not vitiated by the trustee's limited investigation; the court properly exercised its discretion under s30A to extend the bankruptcy period until 7 August 2008; the appeal is dismissed and costs awarded to the trustee.

  • 24 Sept 2008

    TANG KAI MO v. FRED LEE AND ANOTHER

    Citation
    TANG KAI MO v. FRED LEE AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV414/2007

    The Master correctly held that Tang failed to discharge the evidential burden to show nil value for the property due to absence of admissible expert valuation, that repayments to associates and speculative losses constituted unsatisfactory conduct/unfair preference with statutory presumption unrebutted, and that on balancing rehabilitation and public interest suspension of automatic discharge for 15 months was justified; the appeal was therefore dismissed.

  • 7 Mar 2008

    RE WU WING KWONG

    Citation
    RE WU WING KWONG
    Court
    Court of First Instance
    Case number
    HCB21720/2002

    The court found that excessive pre-bankruptcy borrowing in the circumstances was unsatisfactory conduct under s30A(4)(d), but the trustees failed to prove deliberate misrepresentation because they did not adduce specific, case‑specific evidence from lenders or staff; in light of the bankrupts' cooperative post‑bankruptcy conduct and substantial contributions to their estates, the court exercised its discretion not to suspend automatic discharge and dismissed the trustees' applications.

  • 7 Mar 2008

    RE LAU HON CHUNG

    Citation
    RE LAU HON CHUNG
    Court
    Court of First Instance
    Case number
    HCB1902/2003

    The court found over‑borrowing immediately prior to bankruptcy constituted unsatisfactory pre‑bankruptcy conduct under s30A(4)(d), but the trustees failed to adduce specific evidence to prove deliberate misrepresentations; having regard to the bankrupts' satisfactory post‑bankruptcy cooperation and significant contributions, the court exercised its discretion not to suspend automatic discharge and dismissed the applications.

  • 7 Mar 2008

    RE CHEUNG KING TONG SIMON

    Citation
    RE CHEUNG KING TONG SIMON
    Court
    Court of First Instance
    Case number
    HCB851/2003

    Over‑borrowing immediately prior to bankruptcy amounted to unsatisfactory pre‑bankruptcy conduct, but alleged misrepresentations were not proved because trustees failed to adduce specific evidence of how applications were completed; on discretionary exercise the court refused suspension because bankrupts had cooperated and made substantial post‑bankruptcy contributions, so all applications were dismissed.

  • 7 Mar 2008

    RE NG SUI LING SALLY

    Citation
    RE NG SUI LING SALLY
    Court
    Court of First Instance
    Case number
    HCB14330/2002

    The court found that recurrent overborrowing immediately prior to bankruptcy constituted unsatisfactory pre-bankruptcy conduct under s30A(4)(d), but the trustees failed to prove deliberate misrepresentations because they did not produce specific lender evidence; given the bankrupts' satisfactory post-bankruptcy conduct and material contributions to their estates the court declined to exercise its discretion to suspend automatic discharge and dismissed the trustees' applications; trustees were ordered personally to bear certain costs and were prohibited from recovering their costs from the ban…

  • 18 Oct 2007

    RE LO MAN

    Citation
    RE LO MAN
    Court
    Court of First Instance
    Case number
    HCB11786/2002

    The court found established lack of cooperation and post-bankruptcy unsatisfactory conduct in relation to failure to provide sufficient banking information, failure to assist with foreign property enquiries, unsatisfactory communication methods and failure to make agreed contributions; these grounds justified suspending the running of the relevant period under s30A, but the misconduct was not so serious as to merit the maximum four-year suspension, and a two-year suspension was proportionate.

  • 12 Oct 2007

    FRED LEE AND ANOTHER v. WONG HING WAH MICHAEL

    Citation
    FRED LEE AND ANOTHER v. WONG HING WAH MICHAEL
    Court
    Court of First Instance
    Case number
    HCB26018/2002

    The court held both impugned acts amounted to unsatisfactory pre-bankruptcy conduct under s30A(4)(d): taking further credit while already unable to meet obligations and making preferential repayments to family/friend shortly before petitioning for bankruptcy. Balancing the rehabilitative policy, the bankrupt's post-bankruptcy cooperation and lack of contributions, the court exercised its discretion to suspend the automatic discharge for four months as a mark of disapproval of the serious preferential repayments; thus s30A(3) applied and a limited suspension was ordered.