Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Suspension of discharge under section 30a

Legal area

Court

30 Jun 2021

NANIK DAYARAM, A BANKRUPT v. THE JOINT AND SEVERAL TRUSTEES IN BANKRUPTCY OF NANIK DAYARAM, A BANKRUPT

Citation

[2021] HKCA 939
Court

Court of Appeal
Case number

CAMP48/2019

The application to adduce new evidence was dismissed because the bankrupt failed to satisfy the first Ladd v Marshall condition — the evidence could have been obtained or adduced with reasonable diligence — and, additionally, the evidence would not probably have an important influence on the outcome of the discretionary stage; accordingly leave to adduce fresh evidence was refused and costs were awarded to the Trustees.
22 Jul 2004

RE UNION ELECTRIC (HK) CORPORATION

Citation

RE UNION ELECTRIC (HK) CORPORATION
Court

Court of First Instance
Case number

HCB1135/1999

The court held that 'bankrupt' in the Ordinance denotes the individual even when a bankruptcy order is made against a firm; the Official Receiver established on the balance of probabilities that the individual bankrupt failed to cooperate under s30A(4)(c); a defective summons was waived under s124 as no injustice resulted; accordingly the court exercised its discretion to suspend the automatic discharge for 18 months until 15 March 2005 and awarded costs.