Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trustee applications
  • 12 Oct 2007

    FRED LEE AND ANOTHER v. WONG HING WAH MICHAEL

    Citation
    FRED LEE AND ANOTHER v. WONG HING WAH MICHAEL
    Court
    Court of First Instance
    Case number
    HCB26018/2002

    The court held both impugned acts amounted to unsatisfactory pre-bankruptcy conduct under s30A(4)(d): taking further credit while already unable to meet obligations and making preferential repayments to family/friend shortly before petitioning for bankruptcy. Balancing the rehabilitative policy, the bankrupt's post-bankruptcy cooperation and lack of contributions, the court exercised its discretion to suspend the automatic discharge for four months as a mark of disapproval of the serious preferential repayments; thus s30A(3) applied and a limited suspension was ordered.