Hong Kong Case Law: Decisions & Judgments

Topic

Section 30a bankruptcy ordinance

Legal area

Court

24 Mar 2014

FRED LEE AND CHOW WAI LAN CHRISTINE TRUSTEES OF THE PROPERTY OF LAM CHUN CHEUNG, A BANKRUPT v. LAM CHUN CHEUNG

Citation

FRED LEE AND CHOW WAI LAN CHRISTINE TRUSTEES OF THE PROPERTY OF LAM CHUN CHEUNG, A BANKRUPT v. LAM CHUN CHEUNG
Court

Court of First Instance
Case number

HCB10735/2009

Trustees failed to prove the bankrupt's conduct was unsatisfactory or that he was uncooperative. The bankrupt's explanations for payments of sale proceeds — treating wife's debts as family liabilities, avoiding early repayment penalties on term loans, retaining funds for family living costs and loan instalments, payment timing over months, and attempts to assist trustees in locating relatives — were credible. The statutory presumption of preference was rebutted because the bankrupt did not fully repay relatives and acted consistently with an intention to preserve funds to service bank loans a…
23 Oct 2007

FRED LEE v. LEUNG SUI SUM

Citation

FRED LEE v. LEUNG SUI SUM
Court

Court of Appeal
Case number

CACV31/2007

The appeals were dismissed because the judge's case management order remitting the trustee's objection summonses and joint conditional discharge applications to the Master was proper, made in the public interest, and not a proper subject of appeal given concessions below; the trustee failed to explain his volte face in withdrawing objections (raising public interest concerns), and the judge correctly held that conditioning discharge on contributions to the trustee's costs is outside s30A(9), warranting deprivation of costs and refusal to allow recovery from the estates.
12 Jul 2001

LI TAT KONG, a Bankrupt v. THE OFFICIAL RECEIVER AND ANOTHER

Citation

LI TAT KONG, a Bankrupt v. THE OFFICIAL RECEIVER AND ANOTHER
Court

Court of Appeal
Case number

CACV220/2000

The Court granted leave to appeal to the Court of Final Appeal because the interpretation and operation of s30A raise questions of general importance: whether orders under s30A(3) must be made before expiry or can be made after and relate back, and whether interim suspension orders can be made before merits are adjudicated; the Court also held that the slip rule can be used to rectify written orders to reflect what the court actually ordered and that these questions warrant determination by the Court of Final Appeal.
11 Jan 2001

LI TAT KONG v. THE OFFICIAL RECEIVER AND ANOTHER

Citation

LI TAT KONG v. THE OFFICIAL RECEIVER AND ANOTHER
Court

Court of Appeal
Case number

CACV220/2000

An adjournment and the court's order in the proceedings had the effect of causing the relevant four-year period to cease to run from 22 November 1999 under s30A(3); the judge properly exercised her discretion because the bankrupt had failed to cooperate, substantial undisclosed debts existed and administration would be prejudiced; s71(1) IGCO does not extend the date in this context.
1 Nov 1999

Re Siu Ngai

Citation

Re Siu Ngai
Court

Court of First Instance
Case number

HCB733/1994

The court dismissed the Official Receiver's application to suspend the automatic discharge because the Official Receiver's original concerns had been addressed by material later filed, the bankrupt had been cooperative and provided available evidence, further adjournments would be unfair and effectively delay the statutory discharge, and the petitioning creditor had no locus to intervene without leave; accordingly there was no justification to continue the suspension and the bankrupt was discharged effective 1 November 1999.

Hong Kong Case Law

FRED LEE AND CHOW WAI LAN CHRISTINE TRUSTEES OF THE PROPERTY OF LAM CHUN CHEUNG, A BANKRUPT v. LAM CHUN CHEUNG

FRED LEE v. LEUNG SUI SUM

LI TAT KONG, a Bankrupt v. THE OFFICIAL RECEIVER AND ANOTHER

LI TAT KONG v. THE OFFICIAL RECEIVER AND ANOTHER

Re Siu Ngai