Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 30a

  • 23 Aug 2019

    RE AU KA MAN CARMEN

    Citation
    [2019] HKCFI 2037
    Court
    Court of First Instance
    Case number
    HCB7505/2014

    The trustees' agreement for continuing contributions was within the ambit of what the court could have ordered under s30A(9), did not bind the bankrupt for a period exceeding the statutory maximum, and the trustees' conduct was not shown to be plainly wrong or perverse; therefore the court will not overturn the trustees' decision under s83 and the application is dismissed with costs.

  • 20 Mar 2009

    LAY MAN YEE, MARY v. FRED LEE

    Citation
    LAY MAN YEE, MARY v. FRED LEE
    Court
    Court of Appeal
    Case number
    CACV262/2008

    Kwan J's findings that the appellant engaged in misrepresentation and unsatisfactory conduct were supported by the evidence (loan application declarations, transactional records, travel patterns) and were not vitiated by the trustee's limited investigation; the court properly exercised its discretion under s30A to extend the bankruptcy period until 7 August 2008; the appeal is dismissed and costs awarded to the trustee.

  • 28 Oct 2008

    OFFICIAL RECEIVER, the trustee of the estate of CHAN KWOK KEUNG, a bankrupt v. CHAN KWOK KEUNG, a bankrupt

    Citation
    OFFICIAL RECEIVER, the trustee of the estate of CHAN KWOK KEUNG, a bankrupt v. CHAN KWOK KEUNG, a bankrupt
    Court
    Court of Appeal
    Case number
    CACV247/2007

    The court held that it has no power to backdate the date of a bankrupt's discharge under section 30A; interim suspension orders operate to suspend the relevant period and create legal consequences while in force, and the correct remedy on disposal of an objection summons without substantive order under section 30A(3) is to discharge the interim order and declare the bankrupt discharged with effect from the date of disposal, not an earlier date.

  • 2 May 2008

    FRED LEE AND ANOTHER v. LAU CHI KAM

    Citation
    FRED LEE AND ANOTHER v. LAU CHI KAM
    Court
    Court of Appeal
    Case number
    CACV233/2007

    The bankrupt's gambling was found to be unsatisfactory conduct, but the Court exercised its discretion against suspending the automatic discharge because the bankrupt had cooperated, made substantial regular contributions to creditors during the bankruptcy (HK$388,400), there was no evidence of hidden assets or gambling with borrowed funds, the trustees failed to produce evidence of payment or to conduct adequate investigation, and the rehabilitative and public interest factors favored discharge; therefore the trustees' appeal was dismissed.

  • 7 Mar 2008

    RE LAU HON CHUNG

    Citation
    RE LAU HON CHUNG
    Court
    Court of First Instance
    Case number
    HCB1902/2003

    The court found over‑borrowing immediately prior to bankruptcy constituted unsatisfactory pre‑bankruptcy conduct under s30A(4)(d), but the trustees failed to adduce specific evidence to prove deliberate misrepresentations; having regard to the bankrupts' satisfactory post‑bankruptcy cooperation and significant contributions, the court exercised its discretion not to suspend automatic discharge and dismissed the applications.

  • 7 Mar 2008

    RE LAW CHUEN MAN

    Citation
    RE LAW CHUEN MAN
    Court
    Court of First Instance
    Case number
    HCB10789/2002

    The court held that over‑borrowing immediately prior to bankruptcy was established and constituted unsatisfactory conduct under s30A(4)(d), but the trustees failed to prove deliberate misrepresentations because they did not adduce specific evidence from lenders; balancing the proven misconduct against post‑bankruptcy cooperation and substantial contributions, the court exercised its discretion against suspending automatic discharge and dismissed the trustees' applications.

  • 7 Mar 2008

    RE CHEUNG KING TONG SIMON

    Citation
    RE CHEUNG KING TONG SIMON
    Court
    Court of First Instance
    Case number
    HCB851/2003

    Over‑borrowing immediately prior to bankruptcy amounted to unsatisfactory pre‑bankruptcy conduct, but alleged misrepresentations were not proved because trustees failed to adduce specific evidence of how applications were completed; on discretionary exercise the court refused suspension because bankrupts had cooperated and made substantial post‑bankruptcy contributions, so all applications were dismissed.

  • 23 Oct 2007

    FRED LEE v. LEE YUK MAN

    Citation
    FRED LEE v. LEE YUK MAN
    Court
    Court of Appeal
    Case number
    CACV32/2007

    The appeals were dismissed as lacking merit and, in substance, incompetent because the judge correctly exercised case management by remitting the trustee's applications to the Master for fuller factual inquiry; the trustee offered no satisfactory explanation for withdrawing objections he had previously advanced and the practice of using consent summonses to extract trustee's costs or minor contributions was improper and outside the scope of s30A(9); the trustee was deprived of costs and ordered not to recoup appeal costs from the estates; interim suspension orders under s30A were discharged.

  • 11 Nov 1999

    RE: NG YAT CHI and Ex Parte: THE OFFICIAL RECEIVER

    Citation
    RE: NG YAT CHI and Ex Parte: THE OFFICIAL RECEIVER
    Court
    Court of First Instance
    Case number
    HCB242/1992

    The court held that s.30A(10) (non‑commencement/non‑continuation provisions tied to absence) does not apply to bankrupts deemed discharged under s.30C(2); upon a timely objection under s.30C(2)/s.30A(4) the court's proper power is to consider the objection and, if justified, exercise its discretion under s.30A(3) to suspend the deemed discharge. Applying that discretion on the facts, the court postponed discharge to 27 August 2000.