有關 黃彩婷的事宜

有關 黃彩婷的事宜

The applicant failed to produce sufficient evidence of an immediate medical necessity or other exceptional circumstances to justify judicial interference with the trustee's decision under s83; the prior dismissal of the identical application and the need to protect creditors' interests required dismissal of the...

Source-derived case information.

Citation
[2021] HKCFI 3026
Parties
Petitioner Bankrupt: 黃彩婷; Respondent Trustee of Bankrupt's Estate: 黃嘉錫; Respondent Trustee of Bankrupt's Estate: 黃嘉霖
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2021
Case Number
HCB5345/2018
Procedural Posture
Bankruptcy Application (s83 Bankruptcy Ordinance) / Hearing and Judgment (application Dismissed)
Outcome
Application dismissed
Legal Topics
Bankruptcy Ordinance S83, Unfreezing of Bank Accounts, Trustee Discretion, Medical Expense Relief, Res Judicata/finality
Source Language
ch
Bankruptcy Civil Procedure Trusts and Trustees Bankruptcy Ordinance S83 Unfreezing of Bank Accounts Trustee Discretion Medical Expense Relief Res Judicata/finality

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Parties

黃彩婷

Petitioner Bankrupt

黃嘉錫

Respondent Trustee of Bankrupt's Estate

黃嘉霖

Respondent Trustee of Bankrupt's Estate

Procedural Posture

Bankruptcy Application (s83 Bankruptcy Ordinance) / Hearing and Judgment (application Dismissed)

  1. 1 Whether the court should order the trustee to unfreeze the bankrupt's bank account and waive repayment under s83
  2. 2 Whether the applicant provided sufficient evidence of medical emergency or special circumstances to disturb the trustee's decision
  3. 3 Whether the prior identical application disposed of the issue (finality)

Ratio Decidendi

The applicant failed to produce sufficient evidence of an immediate medical necessity or other exceptional circumstances to justify judicial interference with the trustee's decision under s83; the prior dismissal of the identical application and the need to protect creditors' interests required dismissal of the application.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order as to costs (trustees did not seek costs)