Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 3(1)(c)
  • 21 Jul 2011

    RE YUE MAN PAK

    Citation
    RE YUE MAN PAK
    Court
    Court of First Instance
    Case number
    HCB2178/2011

    Sections 3(1)(b) and 3(1)(c) are not mutually exclusive in a way that ousts the debtor's statutory right to present a petition; the bracketed words in s3(1)(c) are descriptive of persons who may present under that limb and do not by implication remove the debtor's right; even if presentation before IVA termination were irregular, under section 124(1) the petition should not be invalidated because no substantial injustice or prejudice to creditors was shown; accordingly a Bankruptcy Order was made for the debtor.