Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 30a(9)

  • 9 Jan 2007

    FRED LEE v. LEE YUK MAN

    Citation
    FRED LEE v. LEE YUK MAN
    Court
    Court of First Instance
    Case number
    HCB9461/2002

    The court held that s30A(9) can be read broadly to permit the court to grant a discharge subject to conditions in circumstances arising under s30A(3) (suspension for objection) or s30A(7) (lifting/shortening suspension), because that construction gives effect to the statutory wording and purpose. However, the power to impose continued contribution conditions must be exercised sparingly, on full material and judicial scrutiny (analogous to income payments orders), and the mechanism of mass objection summonses followed by consent withdrawals risks abuse. On the facts the Judge declined to grant…

  • 9 Jan 2007

    FRED LEE v. LEUNG SUI SUM

    Citation
    FRED LEE v. LEUNG SUI SUM
    Court
    Court of First Instance
    Case number
    HCB8989/2002

    The court held that s30A(9) can be applied broadly so that a discharge under section 30A may be granted subject to conditions even in the automatic discharge context (including where a trustee has objected and then seeks to withdraw the objection on terms); however the power is discretionary and must be exercised sparingly and judicially with full disclosure and appropriate notice to creditors; the trustee's practice of issuing numerous objections and using withdrawal by consent as leverage was criticised and the specific consent applications were not granted but remitted to the Master for fu…