Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Misrepresentation in credit applications

Legal area

Court

7 Mar 2008

RE LAW CHAU KUK

Citation

RE LAW CHAU KUK
Court

Court of First Instance
Case number

HCB17538/2002

The court held that over-borrowing shortly before the presentation of petitions amounted to unsatisfactory pre-bankruptcy conduct under s30A(4)(d), but found that trustees failed to adduce sufficient specific evidence to establish misrepresentations; having regard to each bankrupt's cooperative post-bankruptcy conduct and significant contributions to estates, the court exercised its discretion to refuse to suspend automatic discharge and dismissed the trustees' applications; interim suspension orders were discharged.
20 Aug 2007

FRED LEE AND ANOTHER v. KWAN KWONG NING

Citation

FRED LEE AND ANOTHER v. KWAN KWONG NING
Court

Court of First Instance
Case number

HCB17846/2002

Trustee failed to prove on the evidence that the Bankrupt's pre-bankruptcy conduct was "unsatisfactory" under s30A(4)(d); absence of direct evidence of intent to misrepresent, explanation that JCG staff assisted in completing the form, the loan was used to repay higher interest debt, the Bankrupt's cooperative conduct during bankruptcy and rehabilitative considerations led the court, on balance, to refuse to suspend the running of the automatic discharge and to dismiss the Trustee's summons.