RE CHAN YUK LUN

HCB 8188/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 8188 OF 2013

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J U D G M E N T
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1. This is the application of Mr Chan Yuk Lun for (i) an extension of time to appeal against the bankruptcy order made by this court on 16 January 2015 and (ii) a stay of the bankruptcy proceedings until the final determination of his intended appeal.

2. Mr Chan’s application is opposed by the Petitioning creditor.

3. In a letter to this court dated 6 February 2015, the Official Receiver (i) expressed its view that the application for an extension of time is groundless, and (ii) objected to the stay application.

4. In Leung Kwok Hung v The President of the Legislative Council of the HKSAR & Anr [2008] HKLRD 18, Tang VP (as he then was) held at [5] that the court’s approach to an application for extension of time to appeal is to “consider all the circumstances and decide whether the overall justice of the case requires the exercise of the discretion to extend time”, applying Costello v Somerset County Council [1993] 1 WLR 256 at 264C and Nantong Angang Garments Company Ltd v Hellmann International Forwarders and Anr [2005] 4 HKC 86 at 96.  At [16] Tang VP further held that, in considering the overall justice of the case, the court should “consider whether the applicant has a reasonable prospect of success” in the appeal.

5. For the reasons set out in my judgment dated 16 January 2015, it is my view that Mr Chan’s intended appeal has no reasonable prospect of success. In these circumstances, I am not satisfied that an extension of time should be granted.

6. Regarding the stay application, it was held by Kwan J (as she then was) in Re David Buxbaum unrep.; HCB7637 of 2004; 16 September 2005 at [14] the mere fact that there is a pending appeal is not a sufficient ground to stay a bankruptcy order - a stay pending appeal should be granted with circumspection, and only when the appeal is shown to be a bona fide appeal and the grounds of appeal are sufficiently arguable.

7. As it is my view that Mr Chan’s intended appeal has no reasonable prospect of success, I cannot grant the stay application.

8. For these reasons, Mr Chan’s application is hereby dismissed.

9. There will be an order nisi that costs be to the Petitioner.