Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 9(3) bankruptcy ordinance

Legal area

Court

26 Oct 2001

Re: PAI CHUNG YING, Judgment Debtor and Ex Parte: SUPER ELECTRIC MOTOR LTD., Judgment Creditor

Citation

Re: PAI CHUNG YING, Judgment Debtor and Ex Parte: SUPER ELECTRIC MOTOR LTD., Judgment Creditor
Court

Court of First Instance
Case number

HCB413/2001

The bankruptcy petition was proved: the statutory demand had not been complied with and the Judgment Debt remained unsatisfied; the alleged set‑offs failed as matters of law or were time‑barred or non‑mutual (only the 1995 dividend was available but was insufficient); the Judgment Debtor failed to prove a reasonable prospect of being able to pay under section 9(3) Bankruptcy Ordinance; accordingly a bankruptcy order was made against the Judgment Debtor.
11 Oct 1973

RE NOEL ERNEST LEE

Citation

RE NOEL ERNEST LEE
Court

Court of First Instance
Case number

HCB25/1972

The judge exercised the discretion under Section 9(3) of the Bankruptcy Ordinance to dismiss the petition because he was not satisfied that the debtor's assets would produce a 15% dividend and considered it unlikely the Official Receiver would discover worthwhile undisclosed assets; public interest and proportionality weighed against invoking the costly and ponderous machinery of bankruptcy despite suspicions about misrepresentations, although those suspicions were referred to the Attorney General for possible investigation.