Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Failure to cooperate with trustees

Legal area

Court

3 Aug 2009

ALISON WONG LEE FUNG YING AND ANOTHER v. YU SHING CHUEN

Citation

ALISON WONG LEE FUNG YING AND ANOTHER v. YU SHING CHUEN
Court

Court of First Instance
Case number

HCB6015/2004

The trustees proved that the Bankrupt wilfully failed to co-operate and sought to conceal assets and financial interests; in consequence the court exercised its discretion under s30A(3) to suspend the running of the relevant period for automatic discharge for three years commencing 25 July 2008 and granted an order nisi for costs.
26 May 2009

CHINA MERCHANTS BANK CO LTD v. CHENG CHAO MING

Citation

CHINA MERCHANTS BANK CO LTD v. CHENG CHAO MING
Court

Court of First Instance
Case number

HCB18932/2002

s30A does not limit the number of applications; the applicant proved the material complaints (undisclosed 2005 disposal, failure to account, undisclosed benefits, adverse audit findings, refusal to accept service) demonstrating unsatisfactory conduct and failure to cooperate; on balancing rehabilitation, creditors' interests and public interest the court exercised its discretion to suspend the running of the relevant period for 18 months.