Re Zulifqar Ali

HCB 6146/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 6146 OF 2011

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J U D G M E N T

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1.On 15 October 2013, this court dismissed an application by Mr Zulifqar Ali (“Bankrupt”) for a stay of the bankruptcy order granted by Recorder A Chow SC on 26 July 2012 (“bankruptcy order”).

2.This is the application by the Bankrupt by an undated summons for inter alia “Application for Appeal”. Standard Chartered Bank (Hong Kong) Limited (“the Petitioner”) opposes the application.

3.The background of the case is set out in the judgment of this court dated 15 October 2013 and shall not be repeated here.

4.It is not entirely clear from the summons what the Bankrupt is seeking to appeal. If and in so far as the Bankrupt is seeking to appeal against:

(1) The Decision of Recorder A Chow SC granting the bankruptcy order dated 26 July 2012;

(2) The Order of Kwan JA for security for costs pending appeal dated 9 January 2013; and

(3) The Judgment of this court dated 15 October 2013 refusing a stay of the bankruptcy order;

the Bankrupt is way out of time. There is no application for extension of time by the Bankrupt.

5.That is not all.

6.The Bankrupt has previously sought to appeal against Recorder A Chow SC’s Decision. The appeal was dismissed upon his failure to give security for costs in accordance with the Order of Kwan JA dated 9 January 2013.

7.As far as Kwan JA’s Order is concerned, on 5 February 2013, the Bankrupt issued a Notice of Intended Application for Leave to Appeal. On 22 April 2013, Kwan JA directed the Bankrupt to file a Notice of Motion for leave to appeal to the Court of Final Appeal within 28 days, in  default of which the Notice would be dismissed with costs. As the Bankrupt did not file the Notice of Motion as directed, Kwan JA dismissed the Notice on 16 July 2013.

8.Regarding this court’s judgment dated 15 October 2013, if and in so far as the Bankrupt seeks leave to appeal, this court has no choice but to dismiss it, not just because of delay, but also on the basis that the Bankrupt has failed to show any grounds of appeal which have a reasonable prospect of success.

9.At the hearing, Mr Ali submitted that he was the victim of fraud by his manager, an Iranian whom he met in Hong Kong. He submitted that the Petitioner was similarly the victim of his manager’s fraud. This court explained to Mr Ali that he should take this matter up with his trustees in bankruptcy, if at all.

10.As the Bankrupt has failed to make out any valid case for his “Application for Appeal”, the application is dismissed.

11.This court would make an order nisi that the costs of and occasioned by the application be to the Petitioner to be taxed if not agreed.

Mr Alexander Tang, instructed by Eversheds, for the creditor/petitioner

The Bankrupt: Zulifqar Ali, appeared in person

Attendance of Lee & Chow, for the Joint and Several Trustees of the property of the Bankrupt, was excused