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 court found the applicants had sufficient and cogent evidential basis to believe the Bankrupt controlled Keentrade and Sinowood and would benefit from payments under the LSF Agreements, that the respondents' objections (abandonment, prior opportunity to obtain discovery, and oppression) were unpersuasive, and accordingly the statutory criteria for ordering production/examination under sections 29(1) and 29(1A) were met.

Citation
[2019] HKCFI 149
Parties
Applicant (joint and Several Trustee in Bankruptcy): IP PUI LAM ARTHUR; Applicant (joint and Several Trustee in Bankruptcy): IP PUI SUM; Respondent (joint and Several Trustee in Bankruptcy of the Estate of LEE SIU FUNG Siegfried): ALAN CHUNG WAH TANG; Respondent (joint and Several Trustee in Bankruptcy of the Estate of LEE SIU FUNG Siegfried): HOU CHUNG MAN; Bankrupt: HO YUK WAH DAVID
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 January 2019
Case Number
HCB3819/2011
Procedural Posture
Bankruptcy / Application Under Sections 29(1) and 29(1 A) of the Bankruptcy Ordinance for Production of Documents and Examination; Decision
Outcome
Application granted on the basis that statutory criteria under sections 29(1) and 29(1A) were satisfied
Legal Topics
Disclosure and Production of Documents, Statutory Examination Under Bankruptcy Provisions, Control and Beneficial Ownership of Companies, Proportionality and Abuse (fishing Expedition), Waiver and Estoppel
Source Language
EN
Bankruptcy Insolvency Civil Procedure Company Law Disclosure and Production of Documents Statutory Examination Under Bankruptcy Provisions Control and Beneficial Ownership of Companies Proportionality and Abuse (fishing Expedition) +1 more

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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

Respondent (joint and Several Trustee in Bankruptcy of the Estate of LEE SIU FUNG Siegfried)

HOU CHUNG MAN

Respondent (joint and Several Trustee in Bankruptcy of the Estate of LEE SIU FUNG Siegfried)

HO YUK WAH DAVID

Bankrupt

Procedural Posture

Bankruptcy / Application Under Sections 29(1) and 29(1 A) of the Bankruptcy Ordinance for Production of Documents and Examination; Decision

Legal Issues

  1. 1 Whether respondents must produce documents and submit to examination under sections 29(1) and 29(1A) of the Bankruptcy Ordinance
  2. 2 Whether there is a prima facie basis to believe the Bankrupt controlled Keentrade and Sinowood and stands to benefit from LSF Agreements
  3. 3 Whether the applicants' request is an impermissible fishing expedition or disproportionate/oppressive

Ratio Decidendi

The court found the applicants had sufficient and cogent evidential basis to believe the Bankrupt controlled Keentrade and Sinowood and would benefit from payments under the LSF Agreements, that the respondents' objections (abandonment, prior opportunity to obtain discovery, and oppression) were unpersuasive, and accordingly the statutory criteria for ordering production/examination under sections 29(1) and 29(1A) were met.

Court Disposition

Application granted on the basis that statutory criteria under sections 29(1) and 29(1A) were satisfied

Orders

  • Respondents to produce documents and, if required, submit affidavits and attend for examination in accordance with sections 29(1) and 29(1A) of the Bankruptcy Ordinance