Read the full judgment text of HCB 20722/2002 on BabelCite. This HCB judgment before Master Au-Yeung.
Bankruptcy Ordinance – s.30A – automatic discharge – interim order – jurisdiction to backdate discharge – withdrawal of objection – Official Receiver – Chan Kwok Keung – HCB 20722/2002 – Master Au-Yeung – 5 July 2007 – The Official Receiver applied to suspend the automatic discharge of a bankrupt under section 30A of the Bankruptcy Ordinance on the ground of unsatisfactory conduct. An interim order was granted suspending discharge pending determination of the application. The Official Receiver subsequently withdrew the application after finding it difficult to prove fraudulent intent in the bankrupt's failure to disclose a property transfer. The Court was asked to determine whether it had jurisdiction to backdate the discharge to the original automatic discharge date when the objection was withdrawn after the original discharge date had passed. The Court held that it had the power to backdate the discharge. The interim order only held the ring and preserved the status quo; it was not determinative of civil rights. Upon withdrawal of the objection, the situation was as if no objection had ever been made. The Court relied on Australian authorities (Re Hall, Re Wood) where discharge was backdated when objection was invalid or withdrawn. The Court found no prejudice to creditors or the Official Receiver. The draft order was approved setting aside the interim order and discharging the bankrupt on the original date of automatic discharge. No costs were awarded. The Official Receiver subsequently appealed the decision.
Legal issues: Jurisdiction to backdate discharge upon withdrawal of s.30A objection
Outcome: Court held it has power to backdate discharge to original date when objection withdrawn. Interim order set aside. Bankrupt discharged on 2 January 2007.
Cited by 4 cases · Cites 4 cases