Re Tong Siu Wing

Read the full judgment text of HCB 2317/2009 on BabelCite. This HCB judgment was delivered on 17 March 2017.

1. This application is not contested by 1 of the 2 co-owners (1 st Respondent) or the Bankrupt.

Cites 1 case

Case No.HCB 2317/2009
Court
HCB
Date17 Mar 2017
Judge
Case Document
100%Judiciary

HCB 2317/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 2317 OF 2009

________________________

 

IN THE MATTER OF the property known as Portion K on 5th Floor, Wah Shun Industrial Building, No. 4 Cho Yuen Street, Kowloon

 

AND IN THE MATTER OF an application for an order for sale under Section 6 of the Partition Ordinance (Cap. 352)

 

AND IN THE MATTER OF Section 60 of the Bankruptcy Ordinance (Cap. 6)

 

AND IN THE MATTER OF Order 31 of the Rules of the High Court (Cap. 4A)

 

AND IN THE MATTER OF Section 62 of the Trustee Ordinance (Cap. 29)

_______________________

  RE : TONG SIU WING, the Bankrupt  

Before:  Hon Anthony Chan J in Chambers
Date of Hearing:  17 March 2017
Date of Decision:  17 March 2017

______________

D E C I S I O N

______________

1.This application is not contested by 1 of the 2 co-owners (1st Respondent) or the Bankrupt.

2.The only problem is the absence of the 2nd co-owner (2nd Respondent) who cannot be found or contacted.

3.However, such situation is not unique: see Re: Lau Yuet Tai, a Debtor, HCB 25136/2002, unrep, 29 November 2005.  The 2nd co-owner’s interest will be protected by having his share of the net proceeds of sale paid into court.

4.I see no reason not to grant the relief sought in the draft order, and I do so with amendments.

  (Anthony Chan)
  Judge of the Court of First Instance
  High Court

The Bankrupt appeared in person

The 1st Respondent appeared in person

The 2nd Respondent was not represented and did not appear

Ms Wong Kar Wing Clara of Gallant, for the Joint and Several Trustees of the property of the Bankrupt

Attendance of the Official Receiver was excused

Attendance of Director of Lands was excused

Cites 1 case

Cases cited in this judgment