28 Jul 2004
RE MAK KAM MUN
- Citation
- RE MAK KAM MUN
- Court
- Court of First Instance
- Case number
- HCB8607/2001
The stay under s9(5) was removed and the petitions dismissed because there was a material change of circumstances (no realistic prospect of criminal prosecution and substantial unexplained delay in civil proceedings), the prolonged retention of security and stay caused significant prejudice to the debtors, the alleged debt was disputed and partially covered by payment into court, and the proper forum to resolve disputed liability is the civil court rather than the bankruptcy jurisdiction.