RE TAM SANG KWONG STEPHEN

RE TAM SANG KWONG STEPHEN

Because the administratrixes admitted known assets are insufficient and the statutory test requires making an administration order unless there is a reasonable probability the estate will be sufficient, the court was bound to make the administration order; there was no basis to exercise discretion to refuse the order.

Citation
RE TAM SANG KWONG STEPHEN
Parties
Petitioner: Petitioner (judgment creditor); Respondent (administratrixes): Administratrixes of the Estate of the Deceased; Judgment Creditor: Mr Leung (judgment creditor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 June 2004
Case Number
HCB21785/2003
Procedural Posture
Petition for Administration Order Under Section 112 (deceased Debtor) / Judgment (order Made)
Outcome
Administration order granted for the administration in bankruptcy of the deceased's estate.
Legal Topics
Administration Order, Judgment Enforcement, Sufficiency of Estate, Statutory Interpretation
Source Language
EN
Insolvency Bankruptcy Probate Civil Procedure Administration Order Judgment Enforcement Sufficiency of Estate Statutory Interpretation

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Parties

Petitioner (judgment creditor)

Petitioner

Administratrixes of the Estate of the Deceased

Respondent (administratrixes)

Mr Leung (judgment creditor)

Judgment Creditor

Procedural Posture

Petition for Administration Order Under Section 112 (deceased Debtor) / Judgment (order Made)

Legal Issues

  1. 1 Whether an administration order should be made under section 112(2) and (4) for the deceased's estate
  2. 2 Whether the estate is reasonably probable to be sufficient to pay debts from cash or readily realisable assets
  3. 3 Whether the court retains discretion to refuse an administration order where known assets are insufficient

Ratio Decidendi

Because the administratrixes admitted known assets are insufficient and the statutory test requires making an administration order unless there is a reasonable probability the estate will be sufficient, the court was bound to make the administration order; there was no basis to exercise discretion to refuse the order.

Court Disposition

Administration order granted for the administration in bankruptcy of the deceased's estate.

Orders

  • Administration order for the estate in the usual way
  • Costs nisi against the administratrixes of the estate