Read the full judgment text of HCB 625/2013 on BabelCite. This HCB judgment was delivered on 26 August 2013 before Hon G Lam J.
Bankruptcy – Maintenance Pending Suit – Provable Debt – Petitionable Debt – Discretion – Court of First Instance – Petition by wife against husband for unpaid maintenance arrears under Matrimonial Proceedings and Property Ordinance (Cap 192) – Whether arrears of periodic maintenance provable in bankruptcy and whether court ought to make bankruptcy order on petition founded on such debt – Held: Arrears not provable due to incapability of valuation and court's unfettered discretion to vary or enforce them; Debt is petitionable as liquidated sum under Bankruptcy Ordinance (Cap 6) s.6 but court will not make order as petitioner has no financial interest in distribution among proving creditors – English authorities including Williams and Muir Hunter on Bankruptcy, Kerr v Kerr, Russell v Russell and Levy v Legal Services Commission applied – Petition dismissed; Petitioner to pay Official Receiver's costs of HK$11,425
Legal issues: Whether arrears of periodic maintenance provable in bankruptcy · Whether arrears of periodic maintenance a petitionable debt · Exercise of power in petitions founded on arrears of periodic maintenance payments
Outcome: Petition dismissed; no prospect of resulting in a bankruptcy order against Mr Lo.