Hong Kong Case Law: Decisions & Judgments

Topic

Automatic discharge of bankrupt

Legal area

Court

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).
27 Aug 2008

RE LEE SIU FUNG, SIEGFRIED

Citation

RE LEE SIU FUNG, SIEGFRIED
Court

Court of First Instance
Case number

HCB345/2001

The trustee's 21‑month failure to restore and prosecute his objection, without explanation and while using the interim suspension order to continue investigations, constituted an abuse of the court's process and inordinate and inexcusable delay that prejudiced the bankrupt by prolonging his disabilities; the trustee's summons (second part) must be struck out as an exceptional but justified exercise of the court's power to prevent misuse of interim orders.
24 Feb 1999

THE OFFICIAL RECEIVER v. POA KWOK HO ALEXANDER

Citation

THE OFFICIAL RECEIVER v. POA KWOK HO ALEXANDER
Court

Court of Appeal
Case number

CACV269/1998

The appeal is dismissed because the Official Receiver abandoned the proposed advertisement, rendering the publication issue academic; the appellant failed to seek a proper initiating order below for a declaration of automatic discharge so the Court will not decide that substantive matter for the first time on appeal; and no leave to appeal costs had been sought so costs could not be entertained.

Hong Kong Case Law

RE CHIN WAI KAY GEODIE

RE LEE SIU FUNG, SIEGFRIED

THE OFFICIAL RECEIVER v. POA KWOK HO ALEXANDER