Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretionary relief under section 98
  • 16 Sept 2024

    律政司司長 對 李靜

    Citation
    [2024] HKCFI 2366
    Court
    Court of First Instance
    Case number
    HCB7683/2023

    The application to set aside the bankruptcy order was dismissed: procedurally for want of prosecution because the applicant failed to attend the hearing despite proper notification, and on the merits because service was properly effected, the applicant produced no evidence of special circumstances under section 98, prior judgments and costs established indebtedness, and the court would not exercise its discretion to set aside the order given the likelihood the applicant would again avoid payment and be re-bankrupted.