Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Failure to co-operate with trustees

Legal area

Court

22 Jan 2015

OSMAN MOHAMMED ARAB AND ANOTHERS v. LAM YING HO

Citation

OSMAN MOHAMMED ARAB AND ANOTHERS v. LAM YING HO
Court

Court of Appeal
Case number

CACV132/2014

The Court of Appeal held that the trustees had established both failure to co-operate under s.30A(4)(c) and unsatisfactory post-bankruptcy conduct under s.30A(4)(d) based on the Bankrupt's non-disclosure and implausible explanations regarding substantial payments from joint accounts and ownership arrangements of properties; on the exercise of discretion the appropriate suspension period is 24 months from 25 May 2014, and the master's 12‑month suspension was set aside and substituted accordingly.
30 Jul 2014

RE LEE RAYMOND CHO MIN

Citation

RE LEE RAYMOND CHO MIN
Court

Court of Appeal
Case number

CACV112/2014

The Court held the master was entitled to find that (a) the Bankrupts' pre-bankruptcy arrangement to channel HK$5,000,000 through OCHKL to pay their personal expenses during a critical period when bankruptcy petitions were pending was unsatisfactory conduct under s.30A(4)(d), and (b) their post-bankruptcy active opposition to the Trustees' Chapter 15 application and Turnover Motion in the US, together with inconsistent positions about OCHKL's debt and delay in producing documents, constituted failure to co-operate under s.30A(4)(c) and further unsatisfactory conduct; RL's failure to provide t…