RE AU KA MAN CARMEN

RE AU KA MAN CARMEN

The trustees' agreement for continuing contributions was within the ambit of what the court could have ordered under s30A(9), did not bind the bankrupt for a period exceeding the statutory maximum, and the trustees' conduct was not shown to be plainly wrong or perverse; therefore the court will not overturn the trustees' decision under s83 and the application is dismissed with costs.

Citation
[2019] HKCFI 2037
Parties
Applicant (debtor): AU KA MAN CARMEN (歐嘉雯); Respondent (joint and Several Trustee in Bankruptcy): WONG KA SEK (黃嘉錫); Respondent (joint and Several Trustee in Bankruptcy): WONG KA LAM KING (黃嘉霖)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 August 2019
Case Number
HCB7505/2014
Procedural Posture
Bankruptcy / Application Under Section 83 to Reverse Trustees' Decision; Hearing and Judgment
Outcome
Application dismissed
Legal Topics
Automatic Discharge, Trustee Objections, Continuing Contributions, Section 30 a, Section 83, Costs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Automatic Discharge Trustee Objections Continuing Contributions Section 30 a Section 83 +1 more

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Parties

AU KA MAN CARMEN (歐嘉雯)

Applicant (debtor)

WONG KA SEK (黃嘉錫)

Respondent (joint and Several Trustee in Bankruptcy)

WONG KA LAM KING (黃嘉霖)

Respondent (joint and Several Trustee in Bankruptcy)

Procedural Posture

Bankruptcy / Application Under Section 83 to Reverse Trustees' Decision; Hearing and Judgment

Legal Issues

  1. 1 Whether the court should reverse trustees' decision under section 83
  2. 2 Whether trustees could validly agree not to oppose automatic discharge in return for continuing contributions without making an application under section 30A(3)
  3. 3 Whether the trustees' conduct was plainly wrong or perverse

Ratio Decidendi

The trustees' agreement for continuing contributions was within the ambit of what the court could have ordered under s30A(9), did not bind the bankrupt for a period exceeding the statutory maximum, and the trustees' conduct was not shown to be plainly wrong or perverse; therefore the court will not overturn the trustees' decision under s83 and the application is dismissed with costs.

Court Disposition

Application dismissed

Orders

  • Application dismissed with costs
  • Unless varied within 14 days the costs order shall become absolute without further order