10 Dec 2021
A self-petition presented when the debtor does not intend to seek a bankruptcy order and is used solely to obtain a moratorium or to negotiate with creditors is an abuse of process; such petitions will be dismissed and adjournments will not be granted simply to enable negotiation, with Official Receiver costs payable from the deposit.
10 Dec 2021
Self-petitions presented by debtors who do not intend to seek a bankruptcy order and who use the petition solely to obtain a moratorium or to negotiate with creditors constitute an abuse of process and should be dismissed; adjournments will not be granted merely to permit negotiation and the Official Receiver's costs are recoverable from the deposit.
10 Dec 2021
A self-petition presented without a genuine intention to seek a bankruptcy order and used to suspend repayment obligations or to negotiate with creditors constitutes an abuse of process; such petitions will be dismissed (including for want of prosecution where hearings are not attended) and Official Receiver costs are to be met from the deposit.
10 Dec 2021
A self-petition filed by a debtor who does not genuinely intend to seek a bankruptcy order but uses the petition to obtain a moratorium or to negotiate with creditors is an abuse of process; such petitions will be dismissed and the Official Receiver's costs may be deducted from the deposit paid by the debtor.
8 Apr 2016
The petition is dismissed because the debtor failed to discharge the burden of proving he is unable to pay his debts: there is a prima facie case that assets (the Sum transferred to Madam Chan and the 50% beneficial interest in the Property) remain beneficially owned by the debtor and he produced no evidence of legitimate consideration for the transfers, so he cannot show inability to pay the enforceable Compensation Order.
2 Nov 2015
The petition was dismissed because the debtor repeatedly failed to appear at listed hearings; the court exercised its discretion to award costs to the Official Receiver in the amount of HK$5,300 to be deducted from the deposit.
11 Apr 2008
Given the debtor was clearly insolvent and entitled to present a self-petition, and applying the principle in Roberts Petroleum that a supervening insolvency scheme can prevent completion of a provisional charging order to preserve collective distribution, the court made the bankruptcy order sought and refused to allow the charging order nisi to be completed to the detriment of the general body of creditors.