Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Effect of appeal on proceedings
  • 1 Feb 2010

    RE: CHOY BING WING

    Citation
    RE: CHOY BING WING
    Court
    Court of First Instance
    Case number
    HCB12343/2009

    Leave to withdraw the bankruptcy petition was granted under s.5(2) because the petitioning debt had been paid and the Official Receiver raised no objection; the court exercised its discretion under BR r.79 to order the debtor to pay the Petitioner's costs, but refused to award indemnity costs because the debtor's conduct did not exhibit the special or unusual features required to justify indemnity and the costs claimed were excessive; the court fixed the Petitioner's costs at HK$70,000 plus HK$5,300 Official Receiver costs, total HK$75,300.