Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretion to make bankruptcy order

  • 26 Aug 2013

    RE LO MAN HONG

    Citation
    RE LO MAN HONG
    Court
    Court of First Instance
    Case number
    HCB625/2013

    Arrears of periodic maintenance pending suit are not provable in bankruptcy because they are subject to the family court's discretionary variation and are incapable of reliable valuation; however such arrears may nonetheless constitute a petitionable debt for the purposes of presenting a creditor's petition as they are a pre-ascertained liquidated obligation, but the court will not normally make a bankruptcy order on a petition founded on a non-provable debt and will reserve making an order to wholly exceptional circumstances not present here; accordingly the petition was dismissed.

  • 29 Mar 2012

    RE WAN PO JUN MARY PAULINE

    Citation
    RE WAN PO JUN MARY PAULINE
    Court
    Court of Appeal
    Case number
    CACV78/2011

    The Court of Appeal upheld the bankruptcy order because the taxed costs constituted immediately payable debts that met the statutory threshold, the statutory demand was not complied with, and the lower court properly exercised its discretion after weighing the amounts, the merits of the bankrupt's outstanding claims and her litigation conduct; the automatic stay and trustees' control over continuation of proceedings did not render the bankruptcy order inappropriate.