8 Jul 2021
RE CHEUNG HING CHIK also known as CHARLES H.C. CHEUNG, the Debtor
- Citation
- [2021] HKCA 981
- Court
- Court of Appeal
- Case number
- CACV577/2020
The Court upheld the judge's discretionary refusal to rescind the bankruptcy order because the bankrupt failed to demonstrate exceptional circumstances or a material change justifying overturning the BO and failed to produce credible evidence that funds were available to meet the debts; although s.6D(3) may be considered in a s.98 application (including post-BO facts), the statutory test was not satisfied on the evidence before the court.