Hong Kong Case Law: Decisions & Judgments

Topic

Duty to cooperate

Legal area

Court

14 May 2013

RE YIU TIN CHEONG

Citation

RE YIU TIN CHEONG
Court

Court of First Instance
Case number

HCB8992/2008

On balance the Trustee proved the Bankrupt failed to cooperate (no supporting documents, unpaid estate, failure to file annual reports and prior conviction under s43A). Applying the established principles the Court exercised its discretion to suspend the automatic discharge to protect proper administration; suspension for 2.5 years until 9 June 2015 was appropriate. The Bankrupt was ordered to pay the Trustee's costs assessed at HKD 32,000.
20 Feb 2012

RE DAVID ANTHONY NEISH

Citation

RE DAVID ANTHONY NEISH
Court

Court of First Instance
Case number

HCB3541/2007

The Court accepted the Trustee's complaints on balance: the bankrupt admitted delays in filing annual statements and the Court rejected his characterization that the surplus were loans; given lack of cooperation and incomplete remittance the Court exercised its discretion to suspend the automatic discharge for one year (until 25 June 2012).
20 Oct 1999

BRAIN FUTURE LTD. v. CENTURY CROWN LTD.

Citation

BRAIN FUTURE LTD. v. CENTURY CROWN LTD.
Court

Court of Appeal
Case number

CACV196/1999

The court held that even accepting the purchaser could raise a late requisition on reasonable grounds, the vendor's answer that no cocklofts existed was a satisfactory answer; the purchaser was bound by the contractual 'as is' clauses which excluded objections to alleged unauthorised structures, the vendor was not obliged to permit a joint inspection, and the purchaser's failure to complete was a fundamental breach entitling the vendor to forfeit the deposits; appeal dismissed.

Hong Kong Case Law

RE YIU TIN CHEONG

RE DAVID ANTHONY NEISH

BRAIN FUTURE LTD. v. CENTURY CROWN LTD.