Read the full judgment text of CACV 497/2021 on BabelCite. This Court of Appeal judgment was delivered on 14 March 2024 before Chu VP, G Lam and Chow JJA.
Civil procedure – leave to appeal to Court of Final Appeal – jurisdiction of High Court Master to imprison bankrupt judgment debtor for non-disclosure – whether question of great general or public importance – Bankruptcy Ordinance (Cap 6) s.12(1) – Rules of the High Court (Cap 4A) Order 49B, rules 1A(2) and 1B(1)(c) – Hong Kong Court of Final Appeal Ordinance (Cap 484) s.22(1)(b) – Judgment Debtor adjudged bankrupt – Master ordered imprisonment for wilful failure to make full disclosure – Court of Appeal allowed appeal, holding Master lacked jurisdiction without leave under s.12(1) – Judgment Creditor sought leave to appeal to Court of Final Appeal on two questions – Question (1): whether Master has jurisdiction to imprison bankrupt judgment debtor without leave under s.12(1) – Question (2): circumstances for retrospective leave under s.12(1) – Court granted leave on Question (1) as a question of great general or public importance – Court refused leave on Question (2) as it involved an exercise of discretion on particular facts and no proper basis for it to arise – Costs in the cause of the appeal.
Legal issues: Leave to appeal to Court of Final Appeal
Outcome: Leave to appeal to the Court of Final Appeal granted in respect of Question (1); leave refused in respect of Question (2).
Cited by 1 case · Cites 2 cases