IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND OTHERS

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND OTHERS

The respondents' proposed grounds of appeal were not reasonably arguable; consequently the interlocutory summons was dismissed and costs were awarded against the respondents. Even if leave to appeal were required, it would not be granted given the lack of arguable grounds.

Citation
[2019] HKCFI 2073
Parties
Applicant (joint and Several Trustee in Bankruptcy): IP PUI LAM ARTHUR; Applicant (joint and Several Trustee in Bankruptcy): IP PUI SUM; 1st Respondent: ALAN CHUNG WAH TANG; 1st Respondent: ALISON WONG LEE FUNG YING; 2nd Respondent (joint and Several Trustee in Bankruptcy of the Estate of LEE SIU Fung, Siegfried, the Bankrupt): ALAN CHUNG WAH TANG; 2nd Respondent (joint and Several Trustee in Bankruptcy of the Estate of LEE SIU Fung, Siegfried, the Bankrupt): HOU CHUNG MAN; Bankrupt (subject of Proceedings): HO YUK WAH DAVID; Bankrupt (estate Referenced): LEE SIU FUNG, SIEGFRIED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 August 2019
Case Number
HCB3819/2011
Procedural Posture
Bankruptcy Proceedings (high Court, Court of First Instance) / Decision on Interlocutory Summons in Chambers; Reasons for Decision Delivered
Outcome
Summons dismissed; costs awarded to the Applicants (Trustees)
Legal Topics
Appealability, Leave to Appeal, Production Order, Stay of Proceedings, Costs
Source Language
EN
Bankruptcy Civil Procedure Appeal Appealability Leave to Appeal Production Order Stay of Proceedings Costs

Case Brief

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Parties

IP PUI LAM ARTHUR

Applicant (joint and Several Trustee in Bankruptcy)

IP PUI SUM

Applicant (joint and Several Trustee in Bankruptcy)

ALAN CHUNG WAH TANG

1st Respondent

ALISON WONG LEE FUNG YING

1st Respondent

ALAN CHUNG WAH TANG

2nd Respondent (joint and Several Trustee in Bankruptcy of the Estate of LEE SIU Fung, Siegfried, the Bankrupt)

HOU CHUNG MAN

2nd Respondent (joint and Several Trustee in Bankruptcy of the Estate of LEE SIU Fung, Siegfried, the Bankrupt)

HO YUK WAH DAVID

Bankrupt (subject of Proceedings)

LEE SIU FUNG, SIEGFRIED

Bankrupt (estate Referenced)

Procedural Posture

Bankruptcy Proceedings (high Court, Court of First Instance) / Decision on Interlocutory Summons in Chambers; Reasons for Decision Delivered

Legal Issues

  1. 1 Whether the order was appealable or required leave to appeal
  2. 2 Whether the respondents' grounds of appeal were reasonably arguable
  3. 3 Whether failure to produce documents pursuant to a Production Order justified the appeal or stay

Ratio Decidendi

The respondents' proposed grounds of appeal were not reasonably arguable; consequently the interlocutory summons was dismissed and costs were awarded against the respondents. Even if leave to appeal were required, it would not be granted given the lack of arguable grounds.

Court Disposition

Summons dismissed; costs awarded to the Applicants (Trustees)

Orders

  • Summons dismissed
  • Respondents to pay costs to the Trustees