星展銀行(香港)有限公司 對 CHENG MEI LING及另四人

星展銀行(香港)有限公司 對 CHENG MEI LING及另四人

Because the bankruptcy order had been made before the appeal was filed, the bankrupt's right to pursue the appeal vested in the Official Receiver under Bankruptcy Ordinance s58(1); the Official Receiver informed the court she would not pursue or assign the appeal, and the court found no basis to override that...

Source-derived case information.

Citation
[2018] HKCA 33
Parties
Plaintiff: 星展銀行 (香港) 有限公司 (DBS BANK (HONG KONG) LIMITED); Defendant: CHENG MEI LING; Defendant: CHENG MING YING; Defendant: HONG KONG TUN’S PAPER LIMITED; Defendant: CHENG TUN SANG; Defendant: CHENG TUN HUM
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 January 2018
Case Number
CACV233/2017
Procedural Posture
Civil Appeal / Determination on Appeal
Outcome
Appeal dismissed (struck out)
Legal Topics
Vesting of Rights in Bankruptcy, Standing to Appeal by Bankrupt, Official Receiver Discretion, Costs When Appeal Affected by Bankruptcy
Source Language
ch
Bankruptcy Civil Procedure Appeals Vesting of Rights in Bankruptcy Standing to Appeal by Bankrupt Official Receiver Discretion Costs When Appeal Affected by Bankruptcy

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Parties

星展銀行 (香港) 有限公司 (DBS BANK (HONG KONG) LIMITED)

Plaintiff

CHENG MEI LING

Defendant

CHENG MING YING

Defendant

HONG KONG TUN’S PAPER LIMITED

Defendant

CHENG TUN SANG

Defendant

CHENG TUN HUM

Defendant

Procedural Posture

Civil Appeal / Determination on Appeal

Legal Issues

  1. 1 Whether a bankrupt may continue an appeal commenced after the bankruptcy order
  2. 2 Whether the bankrupt's appeal rights vested in the Official Receiver under the Bankruptcy Ordinance s58(1)
  3. 3 Whether the Official Receiver's decision not to pursue or assign the appeal binds the bankrupt

Ratio Decidendi

Because the bankruptcy order had been made before the appeal was filed, the bankrupt's right to pursue the appeal vested in the Official Receiver under Bankruptcy Ordinance s58(1); the Official Receiver informed the court she would not pursue or assign the appeal, and the court found no basis to override that position, therefore the appeal was dismissed.

Court Disposition

Appeal dismissed (struck out)

Orders

  • Appeal dismissed
  • Any party seeking costs must file and serve written submissions and a bill of costs within 14 days